Res P-02-09RESOLUTION NO. P- 02-09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 02-02
ASSESSOR'S PARCEL NUMBER 277-170-12
WHEREAS, Variance 02-02, submitted by David Davis, Old Coach Realty, requests
approval of Variance 02-02 to allow a reduced front yard setback of 24 feet when a 40-foot
front yard setback is required in the zone. The subject property is located within The
Heritage Golf Community, west of Old Coach Road and addressed as 14420 Cypress
Point (Lot 71). The parcel is located in the Planned Community (PC) zone; and
WHEREAS, on March 19, 2002, the City Council held a duly advertised public
hearing to solicit from the public, both pre and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1: The City Council finds that Variance 02-02 request is Categorically Exempt from
the provisions of the California E Quality Act, pursuant to Section 15305,
Class 5 exemption, in that the request is a minor alteration to a land use limitation.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code to approve Variance 02-02, to reduce the front yard setback from 40 feet to 24 feet
for the properties located at 14420 Cypress Point within the PC 3own on the site
plan dated February 13, 2002, are made as follows:
That there are special 3plicable to the property and because of this
the strict application of the zoning ordinance deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special include the fact the subject lots were graded with
irregular shaped pads to plural features at the rear of the lots and the lots
were designed to follow the natural contours.
Granting the Variance is necessary for the p and enjoyment of rights
enjoyed by other pro~)erty in th ly and not afforded to the property for
which the Variance i~ sought because of the steep terrain that restricts the amount
of developable area on the site.
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the project will be well separated from other
homes in the area and necessary utilities will be available for the site.
Resolution No. P- 02-09
Page 2
Granting the V d not constitute a special pdvile~ ~, with other
properties in the area since other properties have been built to equal or lesser
setbacks.
Granting the V id not constitute a Iy that ' I or
incompatible with surrounding properties since the residence will b :with
the General Plan and other residential uses in the vicinity and same zone.
Therefore, there will not be a harmful effect upon desirable neighborhood
characteristics.
Section 3: The City Council hereby approves Variance 02-02, subject to the following
conditions:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have been read and understood.
A Minor Development Review permit (MDRA) is required pdor to the development of
the lot.
Section 4: The approval of Vadance 02-02 shall expire on March 19, 2004 unless the
applicant and/or property owner applies for and obtains approval of a Minor Development
Review.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 19th day of March 2002.
ATTEST:
nne Peoples, City Clerk
- I Resolution No. P- 02-09
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 the
penalty of perjury, that the foregoing Resolution, No. P- 02-09 duly adopted by the
City Council at a meeting of said City Council held on the 19th day of Mamh 2002, and that
it was so adopted by the fol!owing vote:
AYES: EMERY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: GOLDBY, REXFORD
L~ori n~n~ Peo~ples, Ci~Clerk
City of Poway