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Res P-03-47RESOLUTION NO. P-03-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DENYING VARIANCE 03-06 ASSESSOR'S PARCEL NUMBER 321-031-30 WHEREAS, Variance 03-06, submitted by Tim Connole, Applicant, requests approval of a fence height Variance to allow an illegally installed 8.5-foot-high vehicle entry gate across Orchard View Lane near its northerly terminus at the entrance to the 4-1or Country Ridge Estates residential project located within the Rural Residential-B High Valley zone; and WHEREAS, on August 5, 2003, 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 proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the California E Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, in that the project ' ' minor alteration in land use limitations on a developed residential property. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to deny Variance 03-06, a request to legalize an 8.5-foot-high vehicle entry gate that was installed across Orchard View Lane at its northerly terminus, at the entrance to the 4-lot Country Ridge E, ' ' 'rlential project located within the Rural Residential-B High Valley 3own on the site plan dated May 22, 2003, are made as follows: There are no special , applicable to the property (size, shape, topography, location or surroundings) that because of the strict application of the zoning development ordinance deprives the property of privileges enjoyed by other properties in the vicinity or same zone, in that g height (6-foot) gates could be designed for the project if entry gates were approved for the Country Ridge Estates project. Granting this Variance would constitute a special privilege ' with the limitation upon other properties in the vicinity and zone in that other residential properties in the area are required to comply with the 6-foot fence height requirement. The granting of the Variance would be materially detrimental to the public health, safety, or welfare, or injurious to the property or imp in such vicinity and zone in which the property is located in that the excess height of the access gate will detract from the rural residential neighborhood character established by the existing development in the area. Resolution No. P-03-47 Page 2 The granting of this Variance is not necessary for the p and enjoyment of a substantial property right possessed by other property in the same vicinity and zone in that other residential properties in the vicinity and zone are required to comply with the 6-foot maximum height requirement. The granting of this Variance would allow a use or activity that is not otherwise expressly authorized by the zoning development regulation or City policy governing the parcel of property in that gated communities require City Council approval and the request to install an entry gate has been denied. That granting the Variance will be incompatible with the City's General Plan, in that a goal of the General Plan is for the City to preserve Poway's unique and desirable character as "The City in the Country" and standards requiring lower profile fencing and ':lered to be consistent with this goal. Section 3: The City Council hereby denies Variance 03-06. Section 4: The applicant shall remove the gates before September 2, 2003. PASSED AND ADOPTED by the City Council of the City of Poway, State of California, this 5th day of August 2003. ATTEST: Peoples, City Clerlt Mic~yor Resolution No. P-03-47 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-03-47 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 NOES: CAFAGNA ABSTAIN: NONE ABSENT: HIGGINSON e Peoples, City Clerk City of Poway