Res P-01-29RESOLUTION NO. P-01-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING VARIANCE 01-02
ASSESSOR'S PARCEL NUMBER 273-175-03
WHEREAS, Variance 01-02 submitted by Peter and Susan Mackauf, applicants,
request a Variance to allow a 454-square-foot bedroom addition 1 "3 single-family
residence to observe a 10-foot street side yard setback when a 15-foot street side yard
setback is required in the Residential Single Family (RS-2) zone; and
WHEREAS, on June 12, 2001, 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 01-02 is Categorically Exempt from the
p ' ' :the California E Iai Quality Act, pursuant to Section 15305, Class 5,
in that it is a minor addition to an existing single family residence and it entails a minor
alteration to a side yard setback and does not create a new parcel.
Section 2: The finding lance with Section 17.50.070 of the Poway Municipal
Code, for Variance 01-02 to allow a 454-square-foot bedroom addition to an existing
single-family residence to observe a 10-foot street side yard setback when a 15-foot street
side yard setback is required in the RS-2 zone, cannot be made as follows:
The property is level, of typical configuration for th -Is th ' ' lot
size for the zone, and presents no physical to a 3 addition.
Therefore, there are no special applicable to the property, and
because of this, the strict application of the Zoning Ordinance does not deprive the
property of privileges enjoyed by other properties in the vicinity under identical
zoning classification.
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There is sufficient 31e for a typically sized home on the property, and for
a ~3 addition to the existing home. Other properties in this vicinity and
zone which share the lack of physical constraints are able 1 'late typically
sized homes and additions to existing homes without a Variance. Therefore,
granting the variance is not necessary for the p and enjoyment of a
substantial property right possessed by other property th Iy
and zoning for which the Variance is sought.
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Granting the V I not be materially detrimental to public health, safety, or
welfare; ' ' to property and improvements in the vicinity and zone.
Resolution No. P-01-29
Page 2
There are various options open to the appl conforming master
bedroom and guest bedroom addition, including slightly reducing and reconflguring
the addition, and 3 in the front yard and/or rear yard. There is no
physical constraint limiting these options. Also, th ~ress privilege of the
expansion of an existing residential use that would override setback regulations.
Therefore, the granting of this Variance would constitute a special privilege
t with the limitation upon other properties in the vicinity and zone (RS-2),
in that those residences must conform with setback regulations if undergoing the
: additions in the zone.
That the granting of this variance would not result in a use that is not otherwise
expressly authorized in that a single family residence is a permitted use in the
Residential Single Family 2 zone.
The project is not consistent with the General Plan in that the General Plan
encourages the p ' ' : useable private open space in side yards.
Section 3: The City Council hereby denies Vadance 01-02 to allow a 454-square-
foot addition to the master bedroom and guest bedroom to an existing single-family
residence to observe a 10-foot street side yard setback when a 15-foot street side yard
setback is required in the Residential Single Family 2 zone.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of June 2001.
ATTEST:
nne Peoples,
Resolution No. P- 01-29
Page 3
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-01-29 was duly adopted by the City
Council at a meeting of said City Council held on the 12th day of June 2001, and that it
was so adopted by the following vote:
AYES:
EMERY, REXFORD, CAFAGNA
NOES:
GOLDBY, HIGGINSON
ABSTAIN: NONE
ABSENT: NONE
nne Peoples,
City of Poway