Res P-03-25RESOLUTION NO. P-03-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 02-12
ASSESSOR'S PARCEL NUMBER 323-470-03
WHEREAS, Variance 02-12, submitted by John Kross, Applicant, requests
approval of a Variance to allow a 12-foot-high fence along the rear property
line for an existing single-family residence where a 6-foot-high fence is
allowed. The subject property is located in the Residential Single-Family-7 (RS-7) zone
at 13136 Nelson Lane; and
WHEREAS, on May 20, 2003, the City Council held a duly advertised public
hearing to solicit ts 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 02-12 to allow a 12-foot-high fence along the rear
property line for an existing single-family residence located at 13136 Nelson Lane in the
Residential Single-Family-7 (RS-7) Zone, as shown on the site plan dated March 31,
2003, are made as follows:
Ao
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 property is
8 feet higher than the commercial property behind the residence; and,
Bo
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
property owner is not able to enjoy the right-of-privacy that other single-family
residences are allowed, and as it provides noise attenuation between co ' I
uses and residential zones; and,
Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the proposed fence will be located along
Do
Resolution No. P-03-25
Page 2
the rear property line and will be constructed of materials appropriate to existing
fencing in the residential area; and,
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 have
extended their rear fences to provide privacy; 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 side and rear yard fencing is permitted in this zone; 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 increase.
Section 3: The City Council hereby approves Variance 02-12, to allow a 12-
foot-high fence along the rear property line for an existing single-family residence
located at 13136 Nelson Lane in the RS-7 zone when a of 6 feet is allowed
(as reflected on plans dated March 31, 2003), 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'
B°
Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C°
The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable 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 March 31,
2003, prior to construction, as amended below:
Prior to ' of a Building Permit, the plans shall be revised to show
the building materials for the fence consistent in color, type, and texture
with other fencing material on the existing residence lot, to the satisfaction
of the Director of Development Services.
Section 4: The approval of Variance 02-12 shall expire on May 20, 2005, unless the
applicant and/or property owner applies for and obtains approval of a Building Permit.
Resolution No. P-03-25
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 20th day of May 2003.
~%~~Mayo
Michael P.
r
ATTEST:
~nn~ ~ Q ~)CI r'~k
Peoples, City
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-03-25 duly adopted by the
City Council at a meeting of said City Council held on the 20th day of May 2003, and
that it was so adopted by the following vote:
AYES: EMERY,
NOES: NONE
ABSTAIN: NONE
ABSENT: REXFORD
GOLDBY, HIGGINSON, CAFAGNA
Lori Anne Peoples,
City of Poway