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Res P-08-30 RESOLUTION NO P-OS-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE OS-09 ASSESSOR'S PARCEL NUMBERS 314-241-36 and 3S WHEREAS, Variance (VAR) OS-09 was submitted by the Crook Family Trust, Owner, to allow a wall located on Wiley Court, along the westerly limits of the Crook subdivision boundary, to be reconstructed to a height up to 7 feet, S inches when the maximum height permitted in the Residential Single-Family 7 zone is six feet; and WHEREAS, on November 1S, 200S, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application, and 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 2 and Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Sections 15302 and 15305 of the CEQA Guidelines, in that the project involves the reconstruction of a wall and a minor alteration in land use limitations Section 2 The findings, in accordance with Section 1750050 of the Poway Municipal Code, to approve Variance OS-09 to allow the height of a privacy wall along Wiley Court, on the westerly boundary of the Crook subdivision, to be reconstructed to a maximum height of 7 feet, S inches when the maximum height permitted within a residential zone is 6 feet, are made as follows. A. That there is a special circumstance 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 circumstance is that the property is approximately 1 5 feet lower in elevation than the adjacent residential property to the west. Therefore, iUs necessary for the wall to be constructed to a maximum height of 7 feet, S inches on the side of subject property in order to achieve the typical 6-foot height for privacy on the adjacent residential lot; 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 a 6-foot high wall/fence is a typical height to achieve privacy on residential properties, and C Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the wall is proposed along a joint property Resolution No P-OS-30 Page 2 line and it will be constructed of decorative masonry block in accordance with City Building Code standards, and D 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 privacy walls/fencing is allowed on other residential properties in the area, and E. Granting the Variance would not allow a use or activity not otherwise expressly authorized by the Zoning Code because privacy walls/fences are permitted in residentially zoned areas, and F Granting the Variance will be compatible with the City's General Plan because walls/fencing is permitted on land zoned for residential development and will not /result in a density increase Section 3 The City Council hereby approves Variance OS-09, a request to allow a privacy wall located on Wiley Court, along the westerly limits of the Crook subdivision boundary, to be reconstructed to a maximum height of 7 feet, S inches when the maximum height permitted in the Residential Single-Family 7 zone is 6 feet, as reflected on the site plan on file dated September 10, 200S, subject to the following conditions. A. Approval of this Variance request shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Grading or 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 Approval of a construction change shall be obtained from the Engineering Division for the design change to the C-5 wall prior to issuance of a Building Permit. D The applicant shall obtain a Building Permit prior to construction. Section 4. Pursuant to Government Code Section 66020(d)(1), the 90-day period to protest the imposition of any fee, dedication, reservation, or other exaction described in this Resolution begins on November 1S, 200S, any such protest must be in a manner that complies with Government Code Section 66020 In addition to the appeal requirements pursuant to Government Code, a written appeal of this decision pursuant to the Poway Municipal Code must also be filed Resolution No P-OS-30 Page 3 PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 1Sth day of November 200S ATTEST - ./ STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No P-OS-30, was duly adopted by the City Council at a meeting of said City Council held on the 18th day of November 200S, and that it was so adopted by the following vote. NOES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NONE AYES ABSENT NONE DISQUALIFIED NONE ~ . d A. Troyan, MMC, ity Clerk C. of Poway