Res P-06-11
RESOLUTION NO. P-06-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING VARIANCE 06-01CF
ASSESSOR'S PARCEL NUMBER 321-110-19
WHEREAS, a request for a Variance approval was submitted by Jesse Hover to
allow a 10,000-gallon water tank to observe a 5-foot front yard setback when a 40-foot
setback is required zone. The property is located at 15227 Mina de Oro Road within the
Rural Residential A zone; and
WHEREAS, on February 21, 2006, 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 property.
Section 2: The findings, in accordance with Section 17,50.050 of the Poway
Municipal Code, to approve Variance 06-01CF to allow a 10,000-gallon water tank on
the property located at 15227 Mina de Oro Road to observe a 5-foot front yard setback
when a 40-foot setback is required in the Rural Residential A zone, are made as
follows:
A. That there are special circumstances applicable to the property because the site
was impacted by the 2003 Cedar Fire (destroyed residence) and in view of the
existing site design (access driveway and building pad locations), the on-site
topography and the proposed building site for the replacement house, the Fire
Marshall has determined that the best location for the required water tank is
adjacent to the access driveway.
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
proposed location provides the best site for the required water tank for fire
fighting purposes,
Resolution No. P-06-11
Page 2
C, Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that a Building Permit will be required for the
water tank.
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
proposed location provides the best site for the required water tank for fire
fighting purposes,
E, Granting the Variance would not allow a use not otherwise expressly authorized
in the RRA zone because a water tank is permitted as an accessory structure in
a residential zone that is not served by City water,
F, Granting the Variance will be compatible with the City's General Plan because
the water tank is permitted as an accessory structure on residentially zoned
property that is not served by City water,
Section 3: The City Council hereby approves Variance 06-01CF, allowing the 10,000-
gallon water tank on the property located at 15227 Mina de Oro Road to observe a 5-
foot front yard setback when a 40-foot setback is required in the RRA zone, subject to
the following conditions:
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. A Building Permit shall be obtained for the 10,000-gallon water tank.
D, Prior to final inspection approval of the water tank the exterior of the tank shall be
painted an earth-toned color that blends in with the surrounding natural setting.
Section 4: The approval of Variance 06-01 CF expires on February 21, 2008. at 5:00
Q1!1 unless, prior to that time, a Building Permit has been obtained in reliance on the
Variance approval prior to the expiration.
Resolution No, P-06-11
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 21st day of February 2006.
ATTEST:
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Sherrie D. Worrell, Deputy City Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Sherrie D, Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under penalty of perjury, that the foregoing Resolution No. P-06-11 was duly adopted by
the City Council at a meeting of said City Council held on the 21 st day of February
2006, 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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Sherrie D. orrell, Deputy City Clerk
City of Poway