Res P-92-29NO. P-9Z-29
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING VARIANCE 92-05
PARCEL NUMBER 273-163-06
Variance 92-05 submitted by Francis Hopper,
applican , approval for construction of a 312 square foot
garage which will observe a 22~ foot front yard setback
where a 5 foot setback is required. The property is located at
17122 Tam O'Shanter Drive in the RS-4 zone; and
on June 16, 1992, the City Council held a duly
~ public hearing to solicit comments from the public, both
pro and con, relative to this application.
NOW, the City Council does hereby resolve as
follows:
section 1: :
The City Council finds that Variance 92-05 is exempt from the
p of the California Quality Act,
Categorical Exemption Classes 5 an 3 as the project is an
addition to an existing single-fami y dwelling (Class 3) and
a minor alteration to land use limi ations (Class 5).
S :
The proposed project is consistent with the general plan
in that it proposes an expansion to existing residential
development on a site which is designated for residential
use.
That there ar special circumstances applicable to the
property, and ecause of this, the strict application of
the Zoning Ordnance deprives the property of privileges
enjoyed by o her properties in the vicinity under
identical zoning classification.
The special circumstances include the fact that the
neighb rhood was developed prior to the adoption of the
curren zoning for the area. The in the
commun ty observe a varied front yard setback and in man-
cases he setback observation is less than the 25 fee
required in the zone. Another special tha
,pports a approval is the interior design o
e garage. The steps leading from the floor level o
e house to the garage intrude into the parking area,
ereby limiting safe and easy interior access from the
house to the garage. The proposed garage expansion will
remedy this problem.
No. P-92-29
Page 2
That granting the variance or its modification is
y for the preservation and enjoyment of a
substantial property right possessed by other property in
the same and zoning for which the is
sought.
The will allow the applicant to enlarge the
existing two car garage to a three car garage. Other
residences in the vicinity have three-car garages.
That granting the or its will not
be materially detrimental to the public health, safety,
or welfare, or injurious to the property or improvements
in such vicinity and zone in which the property is
located.
The proposed encroachment will not have a negative impact
due to the fact that the residences in the neighborhood
observe different front yard setbacks which help to
define and provide an interesting and varied pe.
That the granting of this does not a
special privilege tent with the 1 upon
other properties in the vicinity and zone in that other
properties observe the 25 foot front yard setback due to
the fact that zoning standards were changed in 1983 when
Poway's General Plan was adopted.
That t e granting of this variance does not allow the use
or act vity which is not otherwise expressly authorized
by zon ng development regulations governing the parcel or
proper v in that the proposed project is an expansion of
a resi ntial unit in the Residential Single-Family 4
zone.
Section 3: C
The City Council hereby approves
following conditions:
92-05 subject to the
within 30 days of approval: (1) The applicant shall submit in
writing that all conditions of approval have been read and
understood; and (2) the property owner shall execute a
Covenant on Real Property.
SHALL CONTACT THE OF
WITH THE
The site shall be developed in accordance with the approved
site plan and elevations on file in the Planning Services
Department.
__ Resolution No. P-92-29
Page 3
The appropriate Building Department approvals shall be
received prior to initiation of construction.
3. This permit shall become null and void on June 16, 1994 if
building permits have not been issued.
and by the City Council of the City of Poway,
State of California, this 16th day of June~1992. ~
ATTEST:
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-92-29 , was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of__
M~ , 1992, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
HIGGINSON
Ma~rjo~ W~ahl~~y Clerk
City f~oway