Res P-04-27
RESOLUTION NO. P-04-27
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-03CF
ASSESSOR'S PARCEL NUMBER 323-340-43
WHEREAS, Variance 04-03CF, submitted by Terry and Jean Foster, Applicants,
requests approval of a Variance to allow a 2,1 OO-square-foot, single-family residence to
observe a 19-foot rear yard setback when a 20-foot setback is required in the zone and
allow the paved area within the front yard setback to exceed the 50% maximum
standard. The subject property is located at 13436 Frey Court in the Residential Single-
Family 7 (RS 7) zone; and
WHEREAS, on April 6, 2004, 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 04-03CF to allow a 19-foot rear yard setback rather than the
required 20-foot setback and to allow the paved area within the front yard setback area
to exceed the 50% maximum standard for a new single-family residence that is to be
constructed on a lot located at 13436 Frey Court within the Residential Single-Family 7
zone, as shown on the site plan dated February 26, 2004, are made as follows:
A. That there are special circumstances applicable to the property and because of
this the strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties in the vicinity with the identical zoning classification.
The special circumstances include the fact that the subject lot is narrow along
the frontage thereby making it difficult to site a single story home on the site that
complies with setback standards and the 50% maximum paving requirement.
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
other lots in the area are developed with single-family homes; and,
Resolution No. P-04-27
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed residence is replacing a
home that was destroyed in the Cedar Fire; and,
D. Granting the Variance does not constitute a special privilege that is inconsistent
with the limitation upon other properties in the vicinity and zone in that single-
family homes exist on other nearby lots in the RS-7 zone; and,
E. 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
F. 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 04-03CF to allow a 19-foot rear
yard setback rather than the required 20-foot setback and to allow the paved area
within the front yard setback area to exceed the 50% maximum standard for a new
single-family residence that is to be constructed on a lot located at 13436 Frey Court in
the RS-7 zone, as shown on the site plan dated February 26, 2004, subject to the
following conditions:
A. Approval of this Variance shall apply only to the subject project and shall not
waive compliance with all sections of the Zoning Code 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. Prior to the issuance of a Building Permit:
1. The applicant shall comply with the Uniform Building Code and shall
obtain a Building Permit consistent with the approved Variance site, floor
and building elevation plans, dated February 26, 2004, and conditions of
approval on file in the Development Services Department and the
conditions contained herein.
2. Prior to start of any work within City-held easements or right-of-way, a
Right-of Way Permit shall be obtained from the Engineering Division of
the Development Services Department.
3. The plans shall depict the exterior building materials and colors for the
residence to the satisfaction of the Director of Development Services. A
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Page 3
sample of the exterior colors and materials shall be submitted to the
Planning Division for review and approval.
4. Please contact the Poway School District at (858) 748-0010, ext. 2089
regarding whether School Fees will be required or waived.
D. Prior to issuance of Certificate of Occupancy:
1. Driveway, sidewalk, drainage facilities, slope landscaping and protection
measures, and utilities, shall be constructed, completed, and inspected by
the Engineering Inspector.
2. An adequate drainage system around the building pad capable of
handling and disposing of all surface water shall be provided to the
satisfaction of the Engineering Inspector.
3. All manufactured slopes of greater than 5:1 slope shall be planted and
irrigated. A variety of landscaping, including trees, shrubs and ground
cover, shall be installed on the slopes to insure stability.
4. All proposed utilities within the project site shall be installed underground.
E. The applicant shall construct the following improvements to the satisfaction of
the Director of Safety Services:
1. 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.
2. Approved numbers or addresses measuring 4 to 6 inches in height shall
be placed on the building in such a position as to be plainly visible and
legible from the street fronting the property. Said numbers shall contrast
with their background. Address shall be required at private driveway
entrances.
3. Each chimney used in conjunction with any fireplace shall be maintained
with a spark arrester.
4. Building Plans shall be in conformance with the Uniform Fire Code.
Section 4: The approval of Variance 04-03CF shall expire on April 6, 2006, unless the
applicant and/or property owner applies for and obtains approval of a Building Permit.
Resolution No. P-04- 27
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PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, State of California, this 6th day of April 2004.
ATTEST:
Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
-. )SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P-04- 27 duly
adopted by the City Council at a meeting of said City Council held on the 6th day of
April 2004, and that it was so adopted by the following vote:
AYES: EMERY. GOLDBY. REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
\JJ¡ uW ~
Sherrie D. Worrell, Deputy City Clerk
City of Poway
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