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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. = 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. = 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