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Res P-07-05 RESOLUTION NO. P-07-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 06-13 ASSESSOR'S PARCEL NUMBER 275-600-30 WHEREAS, a request for Variance (VAR) 06-13 was submitted by Mark Rowson for approval to allow a portion of a new garage to encroach into the required 40-foot front yard setback by up to eight feet and to encroach into the 20-foot side yard setback by up to 10 feet, and a portion of a living area addition to encroach into the 20-foot side yard setback by up to eight feel. The subject property is a developed singe-family lot located at 16652 Maverick Lane, within the Rural Residential C (RR-C) zone; and WHEREAS, on February 20, 2007, 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 Sections 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 06-13, a request for a reduction of the front yard setback and side yard setback to allow the proposed garage and living area addition to encroach into the setbacks, are made as follows: A. That there are special circumstances applicable to the property in that the subject property is constrained by having an irregular shape, the location of the existing house and pool area limits the location of additions to the property, and the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity; 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 developable area of the lot, in conjunction with the layout of the existing residence, makes it difficult to meet the setbacks of the RR-C zone, which requires properties to be a minimum of one acre, and would constrain the addition to a single-family home of a size similar to others in the same zone; and C. Granting the Variance would not be materially detrimental to the public health, safety or welfare in the vicinity in that the proposed garage encroachment into Resolution No. P-07 - 05 Page 2 the front yard setback will match that of the existing two-car garage, and the side yard encroachment will allow the addition of additional garage space and living area. The proposed additions are approximately 110 feet from the nearest residence and will not detract from the neighborhood; and 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 the Variance will allow a garage and living space addition to a single-family residence that is allowable in this zone; and E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the RR-C zone because single-family residences 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 06-13, a request for approval to allow a new garage to encroach into the required 40-foot front yard setback by up to eight feet, and to encroach into the 20-foot side yard setback by up to 10 feet and a room addition to encroach into the 20-foot side yard setback with a by up to eight feet. The subject property is a developed residential property located at 16652 Maverick Lane, within the Rural Residential C (RR-C) zone. The approval 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 applicants shall submit in writing that all conditions of approval have been read and understood. C. The conditions of VAR 06-13 shall remain in effect for the life of the subject residence and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. D. Prior to issuance of a Building Permit, the applicants shall comply with the following conditions: 1. The site shall be developed in accordance with the approved site plan dated January 10, 2007, and floor plans and elevations on file dated November 21, 2006, in the Development Services Department and the conditions contained herein. Grading shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. Resolution No. P-07-05 Page 3 (Engineering) 2. Erosion control shall be installed and maintained by the developer throughout construction of the project. 3. The approved building plans shall demonstrate the provIsion of an adequate drainage system/path around the building addition, capable of disposing all surface water. Runoff shall not be permitted to pond near the building foundation, nor shall it be directed towards the existing neighborhood trail. 4. The applicant shall have all property boundaries surveyed and staked by a State Licensed Surveyor to the satisfaction of the Director of Development Services prior to issuance of a Building Permit. (Planning) 5. All newly constructed living quarters shall be equipped with low-flow plumbing fixtures. 6. The plans shall indicate the colors and materials for the buildings and shall be to the satisfaction of the Director of Development Services. Samples of the color and materials shall also be provided. 7. Any fence or wall shall not exceed six feet. Any retaining walls proposed shall be reflected on the grading or building plans, and shall be of decorative block or stucco finish consistent with the exterior of the proposed residence. E. The applicant shall comply with the following prior to approval of occupancy: (Engineering) 1. An adequate drainage system around the building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 2. The property owner shall repair any and all damages to the streets caused by construction activity from this project, to the satisfaction of the City Engineer. 3. All proposed utilities within the project site shall be installed underground. 4. Any disturbances to the existing neighborhood trail as a result of this project shall be restored to its pre-construction condition and the trail layout shall prevent runoff from flowing onto adjacent properties. Resolution No. P-07 - 05 Page 4 (Planning) 5. All slope plantings shall be installed, and an automatic irrigation system shall be installed and operational at the time of final inspection. F. The applicants shall construct the following improvements to the satisfaction of the Director of Safety Services: 1. Roof covering shall be fire retardant as per Uniform Building Code (UBC) Sections 1503 and 1504, UBC Standard 15-2, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 2. 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. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. 4. Safety Services access shall be maintained to the site at all times. Section 6: The approval of Variance 06-13 shall expire on Februarv 20. 2009. at 5:00 p.m. unless the applicant and/or property owner obtains a Building Permit. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, this 20th day of February 2007. ATTEST: ~~~ L. Diane Shea, City Clerk Resolution No. P-07 -05 Page 5 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-07-05 duly adopted by the City Council at a meeting of said City Council held on the 20th day of February 2007, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE ~a",ShOO~ City of Poway