Res P-01-16RESOLUTION NO. P- 01-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 01-04
ASSESSOR'S PARCEL NUMBER 314-181-58
WHEREAS, VARIANCE 01-04 submitted by Jim Symons, Applicant, requests a
Variance to increase the allowable residential lot coverage from 35% to 37% at 13409
Norwalk Street in the Residential Single-Family 4 zone. The proposed project is a 498-
square-foot bedroom/dining room/kitchen expansion to an existing 1,720-square-foot
home; and
WHEREAS, on April 3, 2001, 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
follows:
Section 1: The City Council finds that Variance 01-04 is Categorically Exempt from the
provisions of the California E Iai Quality Act, pursuant to Section 15305(a) of
CEQA, Class 5, as it' teration in land use limitations.
Section 2: The finding Jance with Section 17.50.070 of the Poway Municipal
Code, for Variance 01-04 to increase the allowable residential lot coverage from 35% to
37% at 13409 Norwalk Street in the RS-4 zone, are made as follows:
The property is of a relatively small size and irregular shape for the zone, and
presents physical I ' g ..] addition. The lot size is
legal :1 and is nearly half that of the minimum allowed in the RS-4
zone. Therefore, there are special 3plicable to the property, and
because of this, the strict application of the Zoning Ordinance does deprive the
property of privileges enjoyed by other properties in the vicinity under identical
zoning classification.
There is limited 31e for a typically-sized home on the property, and for a
conforming addition to the existing home. Other properties in this vicinity and zone
do not share such physical constraints and are able I :late typically-sized
homes and additions to existing homes without a Variance. Therefore, granting the
V its modification is necessary for the preservation and enjoyment of a
substantial property right possessed by other property th :y
and zoning for which the V ;Iht.
Resolution No. P- 01-16
Page 2
Th 3e add I :1 ~act
neighboring properties. Therefore, granting the Variance will not be materially
detrimental to public health, safety, or welfare; or injurious to property and
imp the vicinity and zone.
The property is one of the smallest in the area. Therefore, the granting of this
Variance would not constitute a special privilege l with the limitation
upon other properties in the vicinity and zone (RR-C), in that those resid
able to conform to lot coverage regulations if undergoing the construction of
additions.
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' l with the General Plan in that the project does not increase
density or negatively impact neighboring properties.
Section 3: The City Council hereby approves Variance 01-041 the allowable
residential lot coverage from 35% to 37% to allow an approximately 498-square-foot room
addition at 13409 Norwalk Street in the RS-4 3own on the plans dated March 5,
2001, subject to the following conditions:
Approval of this Variance request shall apply only to the subject project and shall
not waive compliance with all sections of the Zoning Ordinance and all other
applicable City ord' :l:ect 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.
The applicant shall obtain a Building Permit prior to installation of the facility. Prior
to ' I a Building Permit, the applicant shall comply with the following:
The applicant shall comply with the latest adopted Uniform Building Code,
National Electric Code, and all other applicable codes and ordinances in
effect at the time of electrical/building permit issuance.
The building plans shall depict the exterior building materials for the addition
as being consistent in color, type and texture with the exterior materials on
the existing residence, to the satisfaction of the Director of Development
Services.
Resolution No. P- 01-16
Page 3
The bedroom addition and adjacent hallway shall be provided with hard-
wired smoke detectors (with battery backup). The existing bedrooms and
adjacent hallway shall, at a ' ' be provided with battery operated
smoke detectors to the sar ~ ~ the Department of Safety Services.
H. Prior to establishment of the use, the applicant shall comply with the following:
The site shall be developed in accordance with the approved plan on file in
the Development Services Department and the condir :1 herein.
A final inspection from the appropriate City Departments will be required.
Section 4: The approval of Variance 01-04 shall expire on April 3, 2003, at 5:00 p.m.
unless, prior to that time, a building permit has been issued and construction on the
property in the Variance approval h :t prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 3rd day of April 2001.
ATTEST:
Michael P. ~layor
nne Peoples, Ci
Resolution No. P- 01-16
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 the
penalty of perjury, that the foregoing Resolution No. P-01-16 , was duly adopted by the
City Council at a meeting of said City Council held on the 3rd day of April 2001, and that it
was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
EMERY, GOLDBY, REXFORD, CAFAGNA
nne Peoples, City Cl~rk
City of Poway