Res P-03-20RESOLUTION NO. P-03-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 03-01
ASSESSOR'S PARCEL NUMBER 314-263-26
WHEREAS, Variance 03-01, submitted by Arthur Bradley, Applicant, for lan
Bissinger, requests approval of a Variance to allow a portion of a 700-square-foot
addition to an existing single-family residence to observe a 15-foot front yard setback
where an 18-foot setback is required. The subject property is located in the Residential
Single-Family-7 (RS-7) zone at 12551 Taunt Road; and
WHEREAS, on April 15, 2003, the City Council held a duly advertised public
hearing to solicit ~ ls from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve 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 single-family property.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal
Code, to approve Variance 03-01 to allow a maximum 15-foot front yard setback rather
than the required 18-foot setback for a 700-square-foot addition to an existing single-
family residence located at 12551 Taunt Road in the Residential Single-Family-7 (RS-7)
Zone, as shown on the site plan dated January 6, 2003, are made as follows:
That there are special circumstances 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 circumstances include the fact the subject lot has a
pool, slopes, and has mature landscaping in the rear yard that does not allow an
expansion into the rear yard; and,
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 is concentrated on the westerly portion of the lot due
to a pool, slopes, and mature landscaping in the rear yard; and,
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed addition will be constructed
to match the current setback of the existing house and will be painted to match
the existing house; and,
Resolution No. P-03-20
Page 2
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 other nearby lots in the Residential Single-Family-7 (RS-7) zone ~
into the required 18-foot front-yard setback; and,
Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the RS-7 zone because single-family homes are a permitted use
and this is an addition to a single-family home; and
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 '
Section 3: The City Council hereby approves Variance 03-01, to allow a portion of the
700-square-foot addition to an existing single-family residence located at 12551 Taunt
Road in the RS-7 zone to observe a 15-foot front yard setback rather than the required
18-foot setback (as reflected on plans dated January 6, 2003), subject to the following
conditions:
Approval of this Variance 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 Building Permit '
Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the ~)le use and enjoyment of surrounding residential
uses.
The applicant shall comply with the Uniform Building Code and shall obtain a
Building Permit consistent with the approved Variance plans, dated January 6,
2003, prior to construction, as amended below:
Prior to issuance of a Building Permit, the plans shall be revised to
show the exterior building materials for the expansion and roof
consistent in color, type, and texture with the exterior material on the
existing residence, to the satisfaction of the Director of Development
Services. The plans shall also note that an automatic garage door
opener will be installed.
Prior to final inspection of the garage, the applicant shall comply with the
following:
Approved numbers or addresses ~ 4 to 6 inches in height
shall be placed at the private driveway entrance and will be plainly
Resolution No. P- 03-20
Page 3
visible and legible from the street fronting the property to the
satisfaction of the Safety Services Department. Said numbers shall
contrast with their background.
2. An automatic garage door opener shall be installed.
Section 4: The approval of Variance 03-01 shall expire on April 15, 2005, unless the
applicant and/or property owner applies for and obtains approval of a Minor
Development Review.
APPROVED and A
California, this 15th day of April 2003.
ATTEST:
Worrell, Deputy City Clerk
by the City Council of the City of Poway, State of
Mich~or
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P- 03-20 duly
adopted by the City Council at a meeting of said City Council held on the 15th day of
April 2003, and that it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGINSON, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD
Sherrie D. ¢/or~e~, Deputy City Clerk
City of Poway