Loading...
Res P-94-60RESOLUTION NO. P- 94-60 A OF TH OF TH CITY OF POW A PROVING VARI ASSESSO 'S PARCEL NU CITY COUNCIL Y, CALIFORNIA NCE 94-06 BER 323-147-14 WHEREAS, Variance 94-06 submitted by Michael and Yvonne Hayes, applicants, requests a variance to permit an existing garage without the required replacement of equivalent covered parking space as required by Section 17.08.180 K of the Code. The property is located at 14522 Saco Street, in the RS-7 zone; and WHEREAS, on December 13, 1994, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: E 1 Findi~ : The City Council finds that Variance 94-06 is exempt from the of the California E 1 Quality Act, Categorical Exemption Class 5, a minor alteration to land use 1 Section 2: The proposed project is with the General Plan in that it involves a garage at a single-family residence on a site which is designated for residential use. That there are special applicable to the property, and because of this, the s rict application of the Zoning deprives the property o privileges enjoyed by other properties in the vicinity under iden ical zoning classification. The special include the fact that the garage was existing when the applicants purchased the house in 1987, and they were unaware that it was nonconforming. It is assumed the garage occurred in the mid-1970's, based on from long time in the The garage was then before city incorporation, and under county standards at that time, which did not require replacement of covered parking spaces. That granting the variance or its modification is for the and of a substantial property right possessed by other property in the same vicinity and zoning for which the variance is sought. Th variance will allow the applicant to officially include the ex sting garage as living space, ~ the home from 95 square feet to 1352 square feet, which is comparable in size to ot er homes in the area. No. P-94-60 Page 2 That granting the variance or its modification will not be materially to the public health, safety, or welfare, or to the property or in such vicinity and zone in which the property is located. That the granting of this variance does not a special privilege ' with the upon other in the vicinity and zone in that the property is located in a highly dense area where many of the existing homes have garage and additions. In this case, because of the location of the house on the lot, and the size of the lot, covered replacement of the converted garage space is not feasible. That the granting of this variance does not allow the use or activity which is not otherwise expressly authorized by zoning development regulations governing the parcel or property in that the proposed project is a garage to a residence in the Residential Single Family - 7 zone. Sect Council Decision: The City Council hereby approves Variance 94-06 subject to the following Within 30 days of approval: (1) the applicant shall submit in writing that all conditions of approval have been read and and (2) the property owner shall execute a Covenant on Real Property. APPLICANT SHALL CONTACT THE WITH THE FOLLOWING CONDITIONS: OF PLANNING SERVICES REGARDING COMPLIANCE That the will widen the existing driveway from 15 feet to 18 feet to for two off-street parking spaces. This shall be accomplished within 90 days of the variance approval date. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 13th day of December, 1994. ATTEST: Marjo~ie ~. I lsten, City Clerk No .P-94-60 Page 3 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-94-60 , was duly adopted by the City Council at a meeting of said City Council held on the 13th day of December 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE