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Res P-02-05RESOLUTION NO. P-0;~-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DENYING VARIANCE 01-08 ASSESSOR'S PARCEL NUMBER 272-150-28 WHEREAS, Variance 01-08, submitted by Marc and Orsula Blum, applicants, request a Variance to allow a two-story guest house at 18390 Sycamore Creek Drive. The site is within the Rural Residential A (RR-A) Zone; and WHEREAS, on January 29, 2002, the City Council held a duly advertised public hearing to solicit from the public, both pro and con, relative to this application, and NOW, THEREFORE, the City Council does hereby follows: Section 1: The City Council finds that Variance 01-08 is Categorically Exempt from the requirements of the California E Quality Act (CEQA), pursuant to Section 15305 of the CEQA Guidelines, as a Class 3 exemption, in that the project involves ~ an accessory structure to a single-family residence. Section 2: The finding Jance with Section 17.50.070 of the Poway Municipal Code to deny a Variance for Variance 01-08, to permit I a two-story guest house above an existing detached garage, have not been made. There are no special single-story guest h date an attached guest house pad could potentially story detached guest house. 3plicable to the site, which restricts siting a ~anding the existing single-family residence to the approximate 20,000-square-foot :late a 750-square-foot addition or a single- There is sufficient area on the property to construct a single-story guest house or attached guest house to the existing two-story residence. Other properties in the same vicinity and zone without physical constraints are able to :late a guest house without a Variance. Therefore, granting the V : necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same zone and vicinity. The granting of the Variance would not be materially detrimental to the public health, if appropriate imp to the road and driveway are made for emergency access. Granting the Variance would constitute a special privilege l with other residential properties in Poway that are not permitted ! : a detached two- story guest house. In addition, the applicant could construct a one-story detached guest house and not require a Variance. Resolution No. P- 02-05 Page 2 Granting the Variance would not result in a use that is not otherwise expressly authorized in that a guest house is a permitted use in the Rural Residential A (RR- A) zone. The project is not consistent with the General Plan in that a two-story guest house is of a mass and scale that is not in keeping with the rural residential zone and not consistent with the design requirements 1' 'y st :1 in Section 17.08.185 of the Poway Municipal Code. Section 3: The City Council hereby denies Variance 01-08 to permit construction of a two-story guest house ab ' .~ detached garage at 18390 Sycamore Creek Road located within the Rural Residential A (RR-A) zone. PASSED, ADOPTED and DENIED by the City Council of the City of Poway, State of California, this 29th day of January 2002. ATTEST: L~o ri ~n :e ~eo pl'es,~City~C ~k Mich~ 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-02-05 , was duly adopted by the City Council at a meeting of said City Council held on the 29th of January 2002, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: GOLDBY ABSTAIN: NONE ABSENT: NONE ~~ Pe~oples, C~ity C~I r~k City of Poway