Res P-05-76
RESOLUTION NO. P-05- 76
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 05-11
ASSESSOR'S PARCEL NUMBER 321-011-40
WHEREAS, Variance 05-11, submitted by Mike and Rachelle Farrell, Applicant,
requests approval of a Variance to allow overhead utility service to a new residence
located at 15054 Espola Road, within the Residential Single-Family 2 (RS-2) zone,
when service to the residence is required to be undergrounded; and
WHEREAS, on December 6, 2005, 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 residential property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 05-11 to allow overhead utility service to the residence
located at 15054 Espola Road when it is required to be undergrounded, pursuant to
Section 17.08.170.E of the Zoning Ordinance, 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 that the subject
residence is in an area where the residences are served primarily by overhead
utility service, and the applicant was unable to obtain a utility easement from
adjacent property owners to underground service to the house from existing
utility facilities; 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 other
homes in the area are served by overhead utility service; and,
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the overhead utility service will be in
keeping with how utility service is provided to other residences in the area; and,
Resolution No. P-05-76
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 residential lots in the RS-2 zone and area are served by overhead
utility service; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-2 zone because single-family homes are a permitted use 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 05-11, to allow overhead utility
service to the residence located at 15054 Espola Road, 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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, this 6th day of December 2005.
ATTEST:
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Resolution No. P-05-76
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-05-76 duly adopted by the
City Council at a meeting of said City Council held on the 6th day of December 2005,
and that it was so adopted by the following vote:
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED: NONE
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L. Diane Shea, City Clerk
City of Poway
M:lplanning\05reportlvarlVar 0511 farrell\resO.doc