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Res P-03-73 RESOLUTION NO. P-03-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 03-15 ASSESSOR'S PARCEL NUMBER 323-262-39, 40 and 41 WHEREAS, Variance 03-15, submitted by RZK Real Estate and Development, Applicant, requests approval of a Variance to allow a maximum 12-foot-high fence along the rear property line for three existing single-family residences where a maximum 8- foot-high fence is allowed. The subject properties are located in the Residential Single- Family-2 (RS-2) zone at 13904, 13920, and 13934 Chancellor Way; and WHEREAS, on November 4, 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, BE IT RESOLVED by the City Council of the City of Poway, as follows: Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines, in that the project involves a 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 03-15 to allow a maximum 12-foot-high fence along the rear property line for three existing single-family residences located in the Residential Single- Family-2 (RS-2) zone at 13904, 13920, and 13934 Chancellor Way, as shown on the site plan dated October 15, 2003, are made as follows: A. That there are special circumstances 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 circumstances include the fact the subject property is 6 feet higher than the commercial property behind the residence; and, B. 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 property owner is not able to enjoy the right of privacy that other single-family residences are allowed, and as it will screen the industrial uses from view of the residences allowing the residences greater enjoyment of their back yard; and, C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed fence will be located along Resolution No. P-03-73 Page 2 the rear property line adjacent to a drainage culvert, will be constructed inc compliance with the Building Code; and, D. That the granting of this Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone in that other nearby lots in the Residential Single-Family-2 (RS-2) zone have extended their rear fences to provide privacy; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RS-2 zone because single-family homes are a permitted use, and side and rear yard fencing is permitted in this zone; and F. That the proposed Variance will be compatible with the City's General Plan because the General Plan requires the construction of walls and provision of landscaping between industrial/commercial and residential uses to ensure compatibility. Section 3: The City Council hereby approves Variance 03-15, to allow a maximum 12- foot-high fence along the rear property line for three existing single-family residences located at 13904, 13920, and 13934 Chancellor Way located in the Residential Single- Family-2 (RS-2) when a maximum of 8 feet is allowed (as reflected on plans dated October 15, 2003), subject to the following conditions: A. Approval of this Variance shall apply only to the subject project and shall not waive compliance with all other sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. C. 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. D. The applicant shall comply with the Uniform Building Code and shall obtain a Building Permit consistent with the approved Variance plans, dated October 15, 2003, prior to construction, as amended below: 1. Prior to issuance of a Building Permit, the plans shall be revised to show the building materials for the fence consistent in color, type, and texture with other fencing material on the existing residence lot, to the satisfaction of the Director of Development Services. Resolution No. P-03-73 Page 3 Section 4: The approval of Variance 03-15 shall expire on November 4, 2005, unless the applicant and/or property owner applies for and obtains approval of a Building Permit. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, this 4th day of November 2003. Michael'l~ Caf'agna ~ ATTEST: P~oples, City Cl~rk 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- 03-73 duly adopted by the City Council at a meeting of said City Council held on the 4th day of November 2003, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ~_ nl~ e ~,..,~.,~, ~_~ .,,~0~ P~(~p[es, City C~erk City of Poway