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Res P-05-48 RESOLUTION NO. P-05-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, FOR VARIANCE 05-03 ASSESSOR'S PARCEL NUMBER 321-270-21 WHEREAS, a request for a Variance (VAR 05-03) was submitted by Mike and Diana Beszeditz to allow the following for an existing single-family residence located at 12471 White Oak Way, in the Residential Single-Family 7 (RS-7) zone: (1) A 5-foot encroachment into the required 10-foot rear yard setback for a room addition; (2) a 7-foot-high fence on the interior side yard; and, (3) a carport structure in the front yard setback up to the front property line; and WHEREAS, on June 21, 2005, the City Council held a public hearing on the above-referenced item; and WHEREAS, the City Council has read and considered the agenda report for the proposed project and has considered other evidence presented at the public hearing. 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 that portion of Variance 05-03 that pertains to the rear family room addition, and allows the addition to observe a 5-foot setback instead of the required 10 feet as shown on the plan dated February 2, 2005, and on file in the Planning Division office are made as follows: A. That there are special circumstances applicable to the property in that the subject property has a smaller rear yard than other properties in the area and the layout of the existing single-family home limits the location of the rear family room addition and the strict application of the Zoning Ordinance rear yard setback for the addition would deprive the property of privileges enjoyed by other properties in the vicinity and same zone. Others in the same development would be able to add the same size rear addition without the need for a Variance. 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 is constrained by limited developable living area in the rear, that do not exist on nearby residential properties, and the installation of a family room addition is in accordance with the Poway Municipal Code. Resolution No. P-05-48 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 rear yard addition backs onto Metate Lane so no other residences are impacted to the south. D. Granting the Variance does not constitute a special privilege that is inconsistent with the limitation upon other properties in the vicinity and zone because the Variance will allow a family room addition that is allowable in this zone. E. Granting the Variance would not allow a use not otherwise expressly authorized by the RS-7 zone because room additions are a permitted use in the residential zone. F. Granting the 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 findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve that portion of Variance 05-03 that a 27 foot lineal section of wall/fencing be allowed at 7-feet-high on the interior side yard, instead of the required 6 feet as shown on the plan dated February 2, 2005, and on file in the Planning Division office 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 increased height will allow the property owners to provide screening for the adjacent property's main living area. 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 animal enclosure from view of the nearby residences allowing the residences greater enjoyment of their back yard. C. Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the wall will be located along the side property line and a small portion adjacent to the garage will be constructed in compliance with the Building Code. 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-7 (RS-7) zone have extended their rear fences to provide additional safety and privacy. 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 fences/walls are permitted as accessory to a single family home. F. Granting the Variance will be compatible with the City's General Plan becaus.e a fence/wall is permitted and does not result in a density increase. Resolution No. P-05-48 Page 3 Section 4: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to deny that portion of Variance 05-03, that involves a request to allow a carport structure in the 18-foot front yard setback up to the front property line and into the public right of way, are as follows: A. There are no special circumstances applicable to the property (size, shape, topography, location, or surroundings) that, because of the strict application of the Zoning Ordinance, deprives the property of privileges enjoyed by other properties in the vicinity or same zone, in that the property contains a two-car garage for covering of vehicles. The size of the property is similar to other properties in the neighborhood so denial of the variance would not deprive the applicants of a right enjoyed by others in the same zone and vicinity. There are no unique circumstances to the property that would warrant the approval into the front yard setback. B. Granting of this Variance would constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and zone in that other properties in the residential zone are required to comply with the minimum front yard setbacks. Granting the Variance would give the property owner a special privilege by creating two additional covered parking spaces when a 2-car garage already exists on the site. C. The granting of this Variance would be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located in that the front carport will detract from the neighborhood character of the existing development because of the bulk and scale. Also it is partially within the public right-of-way resulting in an impact to the public health and safety. D. The granting of this Variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone in that other residential properties are not allowed to encroach completely into the front yard setback with a carport structure. E. The granting of this Variance for the carport would not result in a use or activity that is not otherwise expressly authorized in that carports can be allowed in single- family residential zones. F. That granting the Variance for the carport will be incompatible with the City's General Plan in that a goal of the General Plan is for the City to preserve Poway's unique and desirable character as "The City in the Country" and standards requiring keeping front yards open, and carport structures are considered to be inconsistent with this goal. Section 5: The City Council hereby approves Variance 05-03, to allow the construction of a rear family room addition and a section of over height fence, located at 12471 White Oak Way, in the Residential Single-Family 7 (RS-7) zone, as shown on the floor plan and elevations dated February 2, 2005, subject to the following conditions: Resolution No. P-05-48 Page 4 A. Approval of this request shall not waive compliance with any Sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. B. Within thirty (30) days after City Council approval of the Variance, the applicant shall submit in writing to the City that all conditions of approval have been read and understood. C. The applicant shall for a Building Permit, for the rear family room addition and fence, including all associated electrical permits needed, no later than July 25, 2005. The Building Permit shall be pursued with diligent effort and obtained within 60 days. D. A Demolition Permit shall be obtained for the removal of the front carport structure by July 12, 2005. The carport structure shall be removed by August 1, 2005. E. Prior to Building Permit issuance for the family room addition and over height fence, the applicant shall comply with the following: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. 2. The building plans shall depict the building materials and colors of the rear addition. The applicant shall submit a color sample of the exterior building materials for review and approval by the Planning Division. F. Prior to occupancy, the applicant shall comply with the following fire safety requirements to the satisfaction of the Fire Marshal: 1. If the carport structure is approved to remain, the roof must be constructed of non-combustible material. 2. Roof covering for the rear addition shall be fire retardant roof covering material as per Uniform Building Code Sections 1503 and 1504, Uniform Building Code Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 3. 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. Addresses shall be required at private driveway entrances. 4. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. G. Compliance with the following conditions is required prior to final inspection for the rear yard addition: 1. The front carport must be removed and any other unpermitted structures. Resolution No. P-05-48 Page 5 Section 6: The approval of Variance 05-03 expires on June 21, 2007, at 5:00 p.m. unless, prior to that time, the conditions above have been completed in reliance on the Variance approval and the use has commenced prior to its expiration. Section 7: Pursuant to Government Code Section 66020, the 90-day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on June 21, 2005. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 21 st day of June 2005. ATTEST: Ld~~ STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P-05-48 was duly adopted by the City Council at a meeting of said City Council held on the 21 st day of June 2005 and that it was so adopted by the following vote: AYES: NOES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NONE ABSENT: NONE DISQUALIFIED: NONE :fi}~~c~ City of Poway