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