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Res P-01-57RESOLUTION NO. P- 01-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 01-10 ASSESSOR'S PARCEL NUMBER 314-350-30 WHEREAS, Variance 01-10 submitted by Paul and Laurel Acosta, Applicants, request a Variance to increase the allowable fence height from six feet to eight feet at 12310 Kozy Crest Lane in the Residential Single-Family 3 Zone. The Variance would leg ' ~ing unapproved two-foot wood ext top of a six-foot rear yard wall; and WHEREAS, on October 30, 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 01-10 is Categorically Exempt from the provisions of the California E Iai Quality Act, pursuant to CEQA Guidelines Section 15305(a), 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 01-101 the allowable fence height from six feet to eight feet at 12310 Kozy Crest Lane in the RS-3 Zone, are made as follows: The property does not enjoy the typical privacy offered other single-family residences because of the proximity of a public park and the location of the active areas in the park, and because the topography allows for ' ;I from the park. Therefore, there are special applicable 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. Other properties in this vicinity and zone do not share such physical ~1 are able to provid 31e privacy with ' 3 fence. Therefore, granting the V Is modifical' ~y for the I; -I enjoyment of a substantial property right possessed by other property ' th ty and zoning for which the V .~ht. Co The property does not enjoy equivalent privacy as other residential properties that are not below the park grounds and as close to the active park areas. Therefore, the granting of this Variance would not constitute a special privilege ' with the limitation upon other properties in the vicinity and zone (RS-3). Resolution No. p-0].-57 Page 2 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 fencing for single family resid permitted use in the RS-3 zone. The project' l with the General Plan in that the project does not result in adverse visual impacts, increase density, or negatively impact neighboring properties. Section 3: The City Council hereby approves Variance 01-101 the allowable fence height from six feet to eight feet for a 147-foot portion of a rear yard fence at 12310 Kozy Crest Lane in the RS-3 lown on the plans dated June 1,2001, 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 ordinances in effect at the time of building permit issuance. Within 30 days of the date of this approval, the applicants shall submit in writing that all conditions of approval have been read and understood. Within 30 days of the date of this approval, the applicants shall obtain a Building Permit. Prior I ; a Building Permit, the applicants shall comply with the following: The applicants 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 building permit issuance. The building plans shall depict the fence materials, including color, to the sal ~ :the Director of Development Services. The building plans shall depict, to the satisfaction of the Director of Development S lion to the drainage problem on the south side of the park, which ~ated with the installation of the original block wall (to the extent that the wall changed the previous drainage). 4. The applicants shall obtain an encroachment permit for any required __ construction activity on City property. Resolution No. P- 0].-57 Page 3 H. Prior to final approval of the fence, the applicants shall comply with the following: 1. The site shall be developed in accordance with the approved plan on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City Departments will be required. Section 4: The approval of Variance 01-10 shall expire on October 30, 2002, at 5:00 p.m. unless, prior to that time, a building permit has b -1 and any const the property in the Variance approval h :1 prior to its expiration. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 30th day of October 2001. ATTEST: nne Peoples, City Clerk Micha~or Resolution No. P- 01-57 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-01-57 , was duly adopted by the City Council at a meeting of said City Council held on the 30th day of October 2001, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, NOES: NONE ABSTAIN: NONE ABSENT: NONE CAFAGNA City of Poway