Res P-00-62RESOLUTION NO. P- 00-62
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 00-06
ASSESSOR'S PARCEL NUMBER 275-580-13
WHEREAS, Variance 00-06, submitted by William DeBerry, Applicant, requests a
variance approval to allow the corner of a recently -I 492-square-foot, single
story guest house addition to encroach 30 inches into the required 20 foot side yard
setback along the westerly property line. The property is located at 16563 Corte Paulina
within the Rural Residential C zone; and
WHEREAS, on August 15, 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 this project is Categorically Exempt, Class 1 and
Class 5, from the California E Quality Act pursuant to Sections 15301 and
15305, in that it is an addition to a single family residence and the setback variance is
considered to be a minor alteration to land use I
Section 2: The findings in accordance with Section 17.50.070 of the Poway Municipal Code
for Variance 00-06 to allow th : a recently :1,492-square-foot, single
story guest house addition to encroach 30 inches into the required 20-foot-side yard
setback along the westedy property I :~e as follows:
There are special 3plicable to the property because the 0.53-acre
lot is substandard in size for the Rural Residential C zone (one acre minimum net
lot size), thereby making the setback req ~ 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
same vicinity and zoning for which the variance is sought, in that the subject
property is part of the Silver Saddle Ranch subdivision which was developed dudng
the 1970s in accordance with County zoning which allowed a lesser side yard
setback. Therefore, many other residences within the same neighborhood and
zoning classification observe side yard setbacks less than the 20-foot side yard
setback required by the current zoning.
Granting the variance or its modification will not be materially detrimental to the
public health, safety, or welf ' ' to the property or iml: ~
Resolution No. P -00-62
Page 2
vicinity and lich the property is located in that th . 3proval will
permit development that' : and in ch :h the setbacks observed
by other residences within the neighborhood, and the development complies with
all other City codes and regulations.
Granting of th' does not constitute a special privileg :with the
I ;)on other properties in the vicinity and zone in that th 3proval
will permit development that is consistent and in character with the setbacks
observed by other residences within the neighborhood.
Granting of this variance does not allow a use or activity which is not otherwise
expressly authorized by zoning development regulations governing the parcel or
property in that an addition to a single family home is permitted within the Rural
Residential C zone.
The project, as approved, ' I with the General Plan in that it involves the
; an addition to single family resid 3ich is designated
for residential use and the variance will not be permitting development that is
: or out of ch !h other residences within the neighborhood.
The City Council hereby approves Vadance 00-06 to allow th I a 492-
square-foot, single story guest house addition I 3 30 inches into the required 20-
foot side yard setback along the westerly property line, as shown on the plot plan date
stamped May 10, 2000, and on file in the Planning Division, subject to the following
conditions:
Within 30 days of approval, the applicants shall submit in writing that all conditions
of approval have been read and understood.
Approval of th' :luest shall apply only to the subject project and shall not
31lance with all sections of the Zoning Ord -t all other applicable
City ordinances that were in effect at the time building p ~.
C. Prior to Certificate of Occupancy, the applicant shall comply with the following:
The owner shall record a deed covenant on the property prohibiting kitchen
facilities from ever being installed within the 492-square-foot guest house.
The covenant shall also restrict the guest house from ever being rented or
leased as a separate unit.
2. New utility service to the guest house addition shall be underground.
Resolution No. P- 00-62
Page 3
The color and type of exterior building materials (roof, walls, trim) of the
guest house addition shall match the residence.
=
The applicant shall install a minimum five-foot-high solid fence from the
exterior wall of the addition to the westerly side property line.
T ' ' the apl: :the guest h 3arate living quarters,
an attractive architectural feature shall I; : :1 to screen
the front entry of the guest house from view from the street. The design of
the screening structure shall be reviewed and approved by the Director of
Development Services prior to construction. Th ¥ building permits
and approvals shall be obtained for the structure.
o
The applicant shall diligently pursue completion of the guest house
:1 obtain approval of certificate of occupancy within 120 days
of the approval of this permit.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway,
State of California, at a regular meeting this 15th day of August 2000.
ATTEST:
- I~o~'Anne Peoples, City ~,lerk
Robert Emery, Deputy.?~~ Tem
Resolution No. P -00-62
Page 4
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-00-62 was duly adopted by the City
Council at the meeting of said City Council held on the 15th day of August 2000, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, HIGGINSON
nne Peoples, City
City of Poway