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