Res P-97-38RESOLUTION NO. P- 97-38
A RESOLUTION OF THE CITY
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 97-04 and MDRA 97-40
ASSESSOR'S PARCEL NUMBER 275-791-22
WHEREAS, Variance 97-04 and Minor Development Review 97-40 submitted by
John & Michelle Mabie, applicants, request to front yard setback of 19.8 ft. for
a three car garage addition where a 40 ft. front yard setback is normally required. Due to
the angle of the south property line in relation to the house/garage, the southeast portion
of the proposed addition would exceed the front yard setback (varies from about 28-38 ft.
for the existing house and 32 ft. for the garage). A family room and master bed
are also part of the project that totals 1197 sq. ff. (742 sq. ft. & 455 sq. ft. for garage). The
0.8 acre site is located at 13810 Sagewood Drive, north side of street, within the RR-C
zone·
WHEREAS, on August 5, 1997 the City Council held a duly advertised public
hearing to solicit from the public, both pro and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that Variance 97-04 and Minor Development Review 97-40
are exempt from the provisions of the California E Quality Act,
Categorical Exemption Class 5 teration to land use I ~1 Class
1, th I an addit' ' 31e family residence.
The approved project'
= an addil'
designated for residential use.
l with the General Plan in that it involves
· 31e family residence, on a site which is
That there are special .plicable to the property, and because
of this, the stdct application of the Zoning Ordinance deprives the property
of privileges enjoyed by other properties in the vicinity under identical zoning
The special ' :le the facts that: 1) the south property line
is at an angle so that the southeast comer of the garage addition is closer to
the street. The applicant desires to expand the garage to match the existing
front of the house at a comparable setback ( from 38 feet at the
west end of the house to 28 feet at the east end of the garage). 2) The lot
is about 0.2 acre less than the minimum lot size of one acre for the RR-C
zone. 3) The lot is long and 3ape thus diminishing the choices for
Resolution No. P-97-38
Page 2
expanding the h ' ~le-story addition. 4) Other front yard setback
to current standards are noted for h 3 Sagewood Drive
and Sagewood Lane.
That granting the variance or its modification is necessary for the
p and enjoyment of a substantial property right possessed by
other property in the same vicinity and zoning for which the variance is
sought in that other RR-C zoned lots in the area have been developed with
:1 residences.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or well ' ' to the property
or iml; 1 vicinity and zone in which the property is located in
that th ~ment will not result in a decrease in privacy on adjoining
lots.
That the granting of this variance does not constitute a special privilege
: with the I ~)on other properties in the vicinity and zone
in that other lots have been developed with :1 single family
homes.
That the granting of th' does not allow th :y which is
not otherwise expressly authorized by zoning development regulations
governing the pamel or property in that a single family residence is a
permitted use in the Rural Residential C (RR-C) zone.
That the approved project will not have an ad: :hetic, health, safety,
or architecturally related impact upon adjoining properties in that the design
of the remodeled and enlarged residence complies with City design
standards for residential properties.
That the approved project encourages the orderly and h
appearance of structures and property within the City in that the existing
residence will be redesigned to h y incorporate the size and style
of the addition.
The City Council hereby approves Vadance 97-04 and Minor Development Review
97-40 subject to the following conditions:
Within 30 days of approval: (1) the applicant shall submit in writing that all
conditions of approval have been read and understood.
Resolution No. P-97-38
Page 3
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Site shall be developed in accordance with the approved site plans on file in the
Planning Services Department and the condir ~ herein.
Revised site plans and building :lng all conditions of approval
shall be submitted to the Planning Services Department prior 1 : building
permits.
Approval of this requires shall not
Ord' :l all other applicable City Ord
permit issuance.
~liance with all = the Zoning
fecta the time of building
The applicant shall comply with the latest adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire
Code, and all other applicable codes and ord' fect at the time of building
permit issuance.
The appropriate Building Department approvals and fees shall be received prior to
the start of construction.
Any existing on-site utility poles shall be removed and all new utilities shall be
installed underground. PI' · .-'t SDG&E Planning Division. Completion of
under grounding shall be accomplished prior to issuance of Certificate of
Occupancy.
7. Low flow plumbing is required in all
8. School fees shall be paid at the established rate.
This approval shall b il and void if building permits have not been issued
on the project by August 5, 1999.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
A right-of-way permit shall be obtained from the City's Engineering Services
Department for any work to be done within the public street right-of-way or any City-
held easement. Said work shall include, but is not limited to of
driveway approach, sewer lateral installation, water service line installation, and
street ~
Resolution No. P-97-38
Page 4
A grading plan for the development of the property shall be submitted to the City's
Engineering Services Department 1' :1 approval prior to issuance of a
grading permit and start of grading operation unless grading involves earthwork
t of less than 50 cubic yards. If no grading permit is required, a
certification from a State Registered Civil Engineer indicating the amount of
earthwork shall be furnished to said City's Engineering Services Department and
a $500.00 inspection fee shall be paid prior to building permit issuance.
The existing : currently connected to the City's sanitary sewer system.
No additional septic tank, settling tank, seepage pit, or any other subsurface
sewage disposal unit or system, or any part thereof, shall be installed, :1,
-I, repaired in any manner, or added to, unless the appropriate permits
have been issued by the Engineering Department.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
Roof covering shall meet Class A fire retardant testing as specified in the Uniform
Building Standards No. 32-7 for fire retardant roof covering per City of
Poway Ordinance #64.
Approved numbers or addresses shall be placed on the building in such a position
as to be plainly visible and legible from the street fronting the property. Said
numbers shall contrast with their background. Address may be required at private
driveway entrances.
Each chimney used in
spark arrester.
with any fire place shall be
:1 with a
Every building hereafter J shall be accessible to fire department
apparatus by way of access roadways with all-weather driving surface of not less
than 16' of unobstructed width, with adequate roadway turning radius capable of
supporting the imposed loads of fire apparatus and having a ' ' : 13', 6" of
vertical The road surface type shall be approved by the City Engineer,
pursuant to the City of Poway Municipal Code.
Resolution No. P-97-38
Page 5
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 5th day of August, 1997.
Betty Rexford, Deputy Mayor
ATTEST:
--Marjo~. City Clerk
Wahlsten,
STATE OF CALIFORNIA )
)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-97-38 was duly adopted by the
City Council at a meeting of said City Council held on the day of
1997, and that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
CAFAGNA, EMERY, GOLDBY, REXFORD
· Wahlsten, City Clerk
City of P~way