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