Res P-04-50 RESOLUTION NO. P-04-50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 04-08
ASSESSOR'S PARCEL NUMBERS 314-690-08, 09, 10, 11, 12, 13, 14, 15
WHEREAS, Variance 04-08, submitted by M. Crowley, F. Henderson and C. Keith,
Applicants, requests approval of a fence height Variance to allow the installation of over
height fencing (9 feet) along the rear property lines of the residential properties located at
14568, 14578 and 14588 Budwin Lane when the height permitted in the
Residential Single-Family 4 (RS-4) zone is 6 feet, the Variance also approves the
installation of over height fencing/walls (9 foot) along the rear lot lines of the residential
properties located at 14558, 14548, 14538, 14528 and 14518 Budwin Lane; and
WHEREAS, on July 20, 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 E Quality Act (CEQA) pursuant to Section
15305 of the CEQA Guidelines, in that the project involves a minor alteration in land use
limitations on developed residential properties.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 04-08, a request to allow the installation of over height
fencing/walls (9 feet) along the rear property lines of the residential properties located at
14588, 14578, 14568, 14558, 14548, 14538, 14528 and 14518 Budwin Lane when the
height permitted within the Residential Single-Family 4 zone is 6 feet, are
made as follows:
A. That there are special 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 include the fact that the subject lots are
located adjacent to new infill development that is at a higher grade elevation which
will result in diminished rear yard privacy on the subject lots.
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 other
residential lots in the area have a ; rear yard privacy.
Resolution No. P-04-50
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the over height fence will be along the rear
property lines and will not be visible from the street.
D. That the granting of this Variance does not constitute a special privilege that is
Ih the limitation upon other properties in the vicinity and zone in that
other residential lots in th ! ~ rear yard privacy.
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-4 zone because other residential lots have a "rear
yard privacy.
F. That the project as approved is consistent with the City's General Plan in that a
policy of the General Plan requires that walls and fencing be provided where
necessary to ensure privacy ~tenuation.
Section 3: The City Council hereby approves Variance 04-08, to allow the installation of
a fence/wall with a height of 9 feet along the rear property lines of the
residential properties located at 14588, 14578 and 14568, 14558, 14548, 14538, 14528
and 14518 Budwin Lane, when the height permitted in the RS-4 zone is 6 feet,
subject to the following conditions:
A. Approval of this Variance shall apply to the subject Lots (14588, 14578, 14568,
14558, 14548, 14538, 14528 and 14518 Budwin Lane). Approval shall not waive
compliance with all sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at the time of Building Permit issuance.
B. The approval of th' to the fence height shall not abrogate any
cod the property that are more Prior to issuance of
a building permit for a fence/wall pursuant to this approval, the applicant shall
provide evidence to the of the Director of Development Services that
the CC&R limiting the fence/wall height to 6 feet no longer applies to the subject
properties.
C. Within 30 days of approval the applicants shall submit in writing that all conditions
of approval have been read and understood.
D. The Variance granted by this approval shall not be conducted in such a
to interfere with the reasonable use and enjoyment of surrounding residential
uses.
E. For aesthetic reasons, the over height privacy fencing/walls installed along the
rear property lines of the approved lots shall be 9 feet in height and be consistent
in appearance and design, to the satisfaction of the Director of Development
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Services. Wooden fences shall be constructed of sealed cedar or redwood and
may either all be left natural, stained or painted a muted color. The fencing shall
be constructed so that it has a "good neighbor" design (i.e., fencing where both
sides or the exterior side of the fence have a finished appearance). On approved
properties that have an existing masonry wall along the rear property line and the
owner desires to increase the height to 9 feet, the added masonry
shall be consistent in appearance to the existing lower portion of the wall to the
sat " ~ the Director of Development Services.
F. The 9-foot-high fencing/wall shall be constructed based on approved building
plans and Building Permits issued by the Building Division of the Development
Services Department.
Section 4: The approval of Variance 04-08 shall expire on July 20, 2006, unless at least
one applicant applies for and obtains approval of a Building Permit.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 20th day of July 2004.
Mich~
ATTEST:
Jean~unch, Interim City Clerk
Resolution No. P-04-50
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Jeanne Bunch, Interim City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. P-04-50 was duly adopted by the City
Council at a meeting of said City Council held on the 20th day of July 2004, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
Je rich City Clerk
City~f Poway