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Res P-10-37RESOLUTION NO. P -10 -37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DENYING VARIANCE 10 -04, ASSESSOR'S PARCEL NUMBER 273 - 171 -05 WHEREAS, Variance 10 -04, submitted by Demetri Zambus, requests a Variance approval to allow the construction of a detached, 636- square -foot, single -story garage that would maintain a 5 -foot interior side yard setback within the front yard area when a 10 -foot setback is required. The property is located at 16943 Valle Verde Road, in the Residential Single - Family 4 (RS -4) zone; and WHEREAS, on December 7, 2010, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. WHEREAS, Section 17.50.070 of the Poway Municipal Code (PMC) establishes findings required for granting a Variance as follows: A. That there are special circumstances applicable to the property, (size, shape, topography, location or surroundings) or the intended use of the property, and because of this, the strict application of the zoning development Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; and B. That granting the Variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property owners in the same vicinity and zone and denied to the property owner for which the Variance is sought; and C. That granting the Variance or its modification will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and D. The granting of this Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning development regulation governing the parcel of property, and F. That granting the Variance or its modification will not be incompatible with the City's General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Resolution No. P -10 -37 Page 2 Section 1 : The required Variance findings cannot be made to allow the construction of a detached, 636- square -foot, single -story garage that would maintain a 5 -foot interior side yard setback within the front yard area when a 10 -foot setback, as follows: A. There are no special circumstances in terms of lot size, lot dimensions, or natural features applicable to the property. Therefore, the strict application of the Zoning Ordinance does not deprive the property of privileges enjoyed by other properties in the vicinity with the identical zoning classification, in that a garage that conforms to required building setbacks can be designed on the site; and B. Granting the Variance is not necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity because a garage can be provided on the site without impacting setback requirements. C. Based on public testimony, granting the Variance would negatively impact the welfare of immediate neighbors and the neighborhood because of noise impacts, loss of privacy, and because the size and location of the garage as proposed is not compatible with the neighborhood character. Section 2 : The City Council does hereby deny Variance 10 -04, authorizes staff to issue a refund of all Building Permit fees and the Variance application fees paid to the City by the applicant, and waive future application and permit fees related to the construction of a garage at 16943 Valle Verde Road in compliance with the PMC. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 21st day of December 2010. Don Higginson, Ma or ATTEST: 3 Lin eroyan MC , City Cler< Resolution No. P -10 -37 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do the penalty of perjury, that the foregoing Resolution No. P- 10 -37, wa s City Council at a meeting of said City Council held on the 21st day of that it was so adopted by the following vote: AYES: BOYACK, GROSCH, HIGGINSON NOES: MULLIN, CUNNINGHAM (teleconference), ABSTAIN: NONE DISQUALIFIED. NONE hereby certify, under duly adopted by the December 2010, and d". Troyan, MMC, City Clerk City of Poway