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
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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