Res P-04-47
RESOLUTION NO. P-04-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-07
ASSESSOR'S PARCEL NUMBER 275-700-68
WHEREAS, Variance 04-07, submitted by Marc and Felicia Gipsman, Applicant,
requests approval of a Variance to allow a portion of a pool, for an existing single-family
residence, to observe a 7-foot side yard setback where a 20-foot setback is required.
The subject property is located in the Rural Residential C (RR-C) zone at 13790
Rostrata Lane; and
WHEREAS, on July 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 04-07 to allow a portion of a pool, for an existing single-
family residence, in the Rural Residential C (RR-C) zone at 13790 Rostrata Lane, as
shown on the site plan dated May 3, 2004, to observe a 7-foot side yard setback where
a 20-foot setback is required, 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
encumbered with many easements, rocks, and mature landscaping; 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 limited in locations to place the pool that other single-family
residences do not have; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed pool will be located in the
rear yard area and will not be visible to the neighborhood; and,
Resolution No. P-04-47
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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 do not have the
same Open Space Easements, sewer easements, rocks, and access easements
that constrain this property; 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 pools are 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 04-07, to allow a portion of a
pool, for an existing single-family residence, to observe a 7-foot side yard setback
where a 20-foot setback is required. The subject property is located in the Rural
Residential C (RR-C) zone at 13790 Rostrata Lane and is 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 May 3, 2004,
prior to construction, as amended below:
1. Applicant shall obtain a Building Permit for the pool and pool equipment.
2. No pool fencing, decking or permanent structure is to encroach into road
easement.
3. An approved City lock shall be placed on gate located across roadway
easement.
Section 4: The approval of Variance 04-07 shall expire on July 6, 2006, unless the
applicant and/or property owner applies for and obtains approval of a Building Permit.
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PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 6th day of July 2004.
ATTEST:
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify, under
the penalty of perjury, that the foregoing Resolution No. P-04- 47 duly adopted
by the City Council at a meeting of said City Council held on the 6th day of July 2004,
and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE