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Res P-04-34 RESOLUTION NO. P-04-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 04-02 ASSESSOR'S PARCEL NUMBER 275-712-15 WHEREAS, Variance 04-02, submitted by Valerie Quate, Applicant, requests approval of a Variance to allow a maximum 11-foot-high fence, which is a combination . of a retaining wall and wood fence, along the side property line for a recently constructed single-family residence where a maximum 6-foot-high fence is allowed. The subject property is located in the Rural Residential C (RR-C) zone at 13757 Rostrata Road; and WHEREAS, on May 4, 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, the City Council does hereby resolve 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 04-02 to allow a maximum 11-foot-high fence, which is a combination of a retaining wall and wood fence, along the side property line for a recently constructed single-family residence located at 13757 Rostrata Road in the Rural Residential C (RR-C) Zone, as shown on the site plan dated March 17,2004, are made as follows: A. That there are special circumstances applicable to the property and because of this the strict application of the Zoning 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 5 feet higher than the adjacent property to the west; 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, 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 the side property line and is constructed of materials appropriate to existing fencing in the residential area; and, Resolution No. P-04-34 Page 2 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 Rural Residential C (RR-C) zone have extended their side or rear fences to provide privacy; and, E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RR-C 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 use is permitted and does not result in a density increase. Section 3: The City Council hereby approves Variance 04-02, to allow a maximum 11- foot-high fence, which is a combination of a retaining wall and wood fence, along the side property line for a recently constructed single-family residence located at 13757 Rostrata Road in the RR-C zone when a maximum of 6 feet is allowed (as reflected on plans dated March 17, 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 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 March 17, 2004, prior to construction, as amended below: 1. Applicant shall obtain a Building Permit for the retaining wall and fence. The submittal package shall contain adequate engineering information to show that the retaining wall is designed to hold the wood fence. Section 4: The applicant shall obtain a building permit within 90 days of the approval or remove the fence. If a building permit is not obtained by August 1, 2004, then approval shall become null and void. The approval of Variance 04-02 shall expire on May 4, 2006, unless the applicant and/or property owner applies for and obtains approval of a Building Permit. Resolution No. P-04- 34 Page 3 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 4th day of May 2004. ATTEST: 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- 04-34 duly adopted by the City Council at a meeting of said City Council held on the 4th day of May 2004, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON