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Res P-03-45RESOLUTION NO. P-03-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 03-05 ASSESSOR'S PARCEL NUMBER 314-550-19 WHEREAS, Variance 03-05, submitted by Carl and Michelle Ewing, Applicant, requests approval of a Variance to allow a portion of a 223-square-foot addition to an existing single-family residence to observe a 7¼-foot side yard setback where a 10-foot setback is required. The subject property is located in the Residential Single-Family-7 (RS-7) zone at 13273 Olive Meadows Drive; and WHEREAS, on August 5, 2003, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the California E :al Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, in that the project' minor alteration in land use limitations on a developed single-family property. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 03-05 to allow a 7¼-foot side yard setback rather than the required 10-foot setback for a 223-square-foot addition to an existing single- family residence located at 13273 Olive Meadows Drive in the Residential Single- Family-7 (RS-7) Zone, as shown on the site plan dated June 25, 2003, are made as follows: That there are special applicable 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 lot is pie shaped and the layout of the existing house limits locations for adding onto living area; and, Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the addition will follow the existing line of the house; and, Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed addition will be ~ Resolution No. P-03-45 Page 2 to match the current setback of the existing house and will be painted to match the existing house; and, That the granting of this Variance does not constitute a special privilege that is l with the limitation upon other properties in the vicinity and zone in that other nearby lots in the RS-7 zone encroach into the required 10-foot side- yard setback; and, Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RS-7 zone because single-family homes are a permitted use and this is an addition to a single-family home; and That the proposed Variance will be compatible with the City's General Plan because the use is permitted and does not result in a density increase. Section 3: The City Council hereby approves Variance 03-05, to allow a portion of the 223-square-foot addition to an existing single-family residence located at 13273 Olive Meadows Drive in the RS-7 zone to observe a 7¼-foot side yard setback rather than the required 10-foot setback (as reflected on plans dated June 25, 2003), subject to the following conditions: Approval of this Variance 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 approval the applicant shall submit in writing that all conditions of approval have been read and understood. The Variance granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding residential uses. The applicant shall comply with the Uniform Building Code and shall obtain a Building Permit consistent with the approved Variance plans, dated June 25, 2003, prior to construction, as amended below: Prior to issuance of a Building Permit, the plans shall be revised to show the exterior building materials for the expansion and roof consistent in color, type, and texture with the ext on the existing residence, to the sat r :the Director of Development Services. The applicant shall construct the following imp Director of Safety Services: to the sal : the Resolution No. P- 03-45 Page 3 Roof covering shall be fire retardant as per UBC Section 1503 and 1504, UBC Standard 15-2 and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. Approved numbers or addresses measuring 4 to 6 inches in height shall be placed at the private driveway entrance and will be plainly visible and legible from the street fronting the property to the satisfaction of the Safety Services Department. Said numbers shall contrast with their background. Each chimney used in :1 with a spark arrester. with any fireplace shall be Section 4: The approval of Variance 03-05 shall expire on August 5, 2005, unless the applicant and/or property owner applies for and obtains approval of a Minor Development Review. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 5th day of August 2003. ATTEST: ~Mayor Resolution No. P-03-45 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- 03-45 duly adopted by the City Council at a meeting of said City Council held on the 5th day of August 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON ~ie P~eoples, ~ity £ City of Poway ;rk