Res P-00-21RESOLUTION NO. P-00-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-23
ASSESSOR'S PARCEL NUMBER 314-650-09
WHEREAS, Variance 99-23 submitted by John Heafey, applicant, requests a
vadance to allow a 1,100 square foot addir ' ~ of 400 square feet of added living
space and a 700 square foot garage to observe a 10 foot street side yard setback when
a 20 foot street side yard setback is required in the zone and a 31 foot front yard setback
when a 40 foot front yard setback is required in the zone. The property is located at 14938
Budwin Lane within the Rural Residential C zone; and
WHEREAS, on March 21, 2000, 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:
Section 1: The City Council finds that Variance 99-23 is Categorically Exempt
from the p ' ' !the California E Quality Act, pursuant to Section 15301,
Class 1, and Section 15305, Class 5, in that it is a minor addition to an existing single
family residence and it teration to the required street side and front yard
setbacks for the property.
Section 2: The findings in accordance with Section 17.50.070 of the Poway
Municipal Code for Variance 99-23 to allow a reduction in the street side yard setback from
20 feet to 10 feet and a reduction in the front yard setback from 40 feet to 31 feet to allow
an addition to a single family residence located at 14938 Budwin Lane in the RR-C zone
are made as follows:
That there are special ~plicable to the property and because of this
the strict application of the Zoning Ordinance deprives the property of privileges
enjoyed by other properties in the vicinity under identical zoning classification in that
the property is encumbered by two separate private road 3ich limit the
amount of developable area. In addition, the subject property is 0.52 acres which
is less than th ' ' lot size required in the RR-C zone. Therefore,
the setback requiremenl burdensome.
Granting the variance or its modification is necessary for the preservation and
enjoyment of a substantial property right possessed by other property owners in the
.7 and zoning for which th 3ht in that other properties in
th' able to add onto their homes without because they meet
th ' ' lot size for the zone.
Resolution No. P- 0 0- 2 1
Page 2
That the project will not have an ac :hetic, health, safety, or architecturally
related impact upon adjoining properties in that the addition has been designed to
be consistent in architectural style and exterior building materials to the existing
residence.
That the granting of th' does not constitute a special privileg :
with the limitation upon other properties in the vicinity and zone in that residential
additions (with setback variances) have t; :t on other lots in the Rural
Residential C zone.
That the granting of this variance does not allow a use or activity which is not
otb ~ressly authorized by zoning development regulations governing the
parcel or property in that a single family residence is a permitted use in the Rural
Residential C zone.
The project ' : with the General Plan in that it involves the
of an addition to a single family residence on a site which is designated for
residential use.
The City Council hereby approves Variance 99-23 to allow a reduction
in the street side yard setback from 20 feet to 10 feet and a reduction in the front yard
setback from 40 feet to 31 feet to allow a 1,100 square foot addil' ' .~ single
family residence at 14938 Budwin Lane in the RR-C zone subject to the following
conditions.
Approval of th' quest shall apply only to the subject project and shall not
31iance with all :the Zoning Ordinance and all other applicable
City ordinances in effect at the time of building permit issuance.
Within 30 days of the date of this approval the applicant shall submit in writing that
all conditions of approval have been read and understood.
C. Pdorl
building permit, the applicant shall comply with the following:
The building elevations shall depict the exterior building materials for the
added walls and roof consistent in color, type and texture with the exterior
material on the existing residence, to the satisfaction of the Director of
Development Services.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Resolution No. P- 00-
Page 3
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
The building plans shall depict Iow flow plumbing in all
School impact fees shall be paid at the rate established at the time of
building permit issuance. C . ,I evidence of payment shall be
provided to the Planning Division prior to issuance of building permits.
PI :the Poway School Distdct for additional information at (858)
748-0010, Ext. 2089.
A bi runs through the southerly portion of the property. If the
stream bank will be impacted or altered, the applicant shall obtain the
necessary approvals and permits from the U.S. Army Corps of Engineers,
Regional Water Quality Control Board and the California Department of Fish
and Game prior to undertaking the proposed access driveway imp
Documentation of the approvals and/or permits shall be provided to the
Planning Division prior 1 ! building permits.
The owner shall record a deed covenant on the property prohibiting kitchen
facilities from being installed within the 400 square foot study/bathroom
addition, and the addition shall not be rented or leased without first obtaining
the required approvals and permits from the City.
7. New utility service to the addition shall be underground.
If the existing building or new building addition is to I: ;I to a public
the following development fees shall be paid to the Engineering
Division prior to building ~ These f Ily in effect
and are subject to change.
Sewer
C Cleanout
$2,356 $50 $25 $2,000
Prior to Certificate of Occupancy, the applicant shall comply with the following:
All created slopes of 5:1 or greater shall be landscaped and a permanent
' '.;lation system shall be installed prior to final occupancy.
Resolution No. P- 00- 21
Page 4
2. All proposed and existing utilities shall be underground.
Section 4: The approval of Vadance 99-23 shall expire on March 21. 2002 at 5:00
p.m. unless prior to that time a building permit has been issued and construction on the
property in the 3proval h J prior to its expiration.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a regular meeting this 21st day of March, 2000.
Mi "~ ~layor
ATTEST:
nne Peoples, City~lerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. P- 00-21 was duly adopted by the City
Council at a meeting of said City Council held on the 21st day of March 2000, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
nne Peoples, C~ty ~lerk
City of Poway