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Res P-88-111RESOLUIION NO. P- 88-111 A OF THE C Y OUNCIL OF T E ITY F AP RO ING ARIANC -0 AND MINO D VELO MENT V W 8-161 ASSESS R' PAR EL NU E 31 -572-13 WHEREAS, Variance 88-08 and Minor Development Review 88-161, submit ed by Jeanne A. Daley, applicant, requests a seven foot of the requ red 25 foot front yard setback area for the of a one story sing e family residence and room addition at 13316 Tarascan Drive in the Residential ingle Family 7 zone; and WHEREAS, on November 1, 1988, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this ap NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Findi This project is categorically exempt under the p because it is a of previously existing of CEQA (Class 2) Section 2: Findin : Variance 88-08 The City Council does hereby approve the variance for the front yard setback on the following findings: There are spe ial applicable to the property or the intended use hat de rive he property of privileges enjoyed by other p he pro erty s a corner lot with an unusual con- figuration, he sba e of he lot, together with the steep banks on the north, south, and we t, largely limit the area available for reconstruction or ad itions. The granting of the va iance is not for the p and enjoyment of a 1 property right enjoyed by other properties in the same zone and v cinity. Other properties in the vicinity are typically d' ~ ots for the RS-7 zone and do not share the deve- lopment of the subject property. Most of these residences could be ~ or enlarged without the granting of a o Granting the variance would not sistent with the upon other vicinity. a special privilege incon- in the same zone and No. P- 88-111 -- Page 2 That granting the variance or its modification will not be materially d 1 to the public hea th, safety, or welfare, or to the property or n the vicinity and zone in which the pro- perty is located. The will be compatible in design and scale with adjacen properties as it was prior to being damaged. o That the granting of this variance does not allow a use or activity which is not expressly authorized by the zoning regulations governing the parcel of property· That the granting of the variance or its modification will not be incompatible with the Poway City General Plan in that the site is designated for single family residential development. Minor DevEl( 88-161 That the proposed development is in with the Poway General Plan in that the proposed use is single family residential. That the proposed development will not have an adverse ae thetic, health, safety, or arch ly related impact upon ad oining pro- perties, in that the roofline, method, build ng materials, and will be compatible with surrounding proper ies. That the proposed development is in compliance with the Zoning Ordinance, in that with the granting of the it complies with the property development standards of the RS-7 zone. That the proposed development encourages the orderly and b appearance of structures and property within the City, in that the pro- perties to the west, south, and east are under the same zoning designa- tion as the subject lot and are developed as single-family similar to the proposed project. Section 3: Cit )uncil Decision: The City Council hereby approves Variance 88-08 and Minor Development Review 88-161 subject to the following conditions: Within 30 days of approval: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. The property shall be developed in accordance with the approved site plan and on file with the Planning Services D 3. The appropriate Building Department approvals shall be received prior to initiation of construction. No. P- 88-111 Page 3 All new and existing utilities shall be underground prior to issuance of a C of o Water and fire protection systems shall be designed and constructed to meet req of the City of Poway. he applicant shall pay a $500 ' fee to the City's Public ervices Department prior to building permit ' Said fee is to e used to pay for City Inspector's time in making inspec- ions of the project site that are required prior to issuance of a ertificate of Occupancy. right-of-way permit shall be obtaine fr m the City's Public Services epartment for any work to be done wit in he street right-of-way. aid work shall include but is not to e 1 mited to of riveway approach, sewer lateral insta lat on, water service line nstallation, street (inc uding concrete curb, gutter, and sidewalk). The permit shall be obtained prior to start of work. All applicable standards pertaining to private driveways shall be in compliance with the Municipal Code Section 17.08.180P to the satisfaction of the of Public and Planning Services. This permit shall become null and void in one year unless building per- mits have been issued and construction commenced and diligently pursued toward completion. 10. Roof covering shall meet Class A fire testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64. 11. Approved nu~aers or shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said nu~ers shall contrast with their background. Address may be required at private driveway entrances. 12. Each chimney used in with a spark arrester. with any fireplace shall be APPROVED and ADOPTED by the City Council California this 1st day of November, 1988. ATTEST: of the City of Poway, State of No. P- 88-111 -- Page 4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the fore§oin9 No. P-88-111 , was duly adopted by the City Council at a meetin§ of said City Counc the 1st day of November , 1988, and that it was so adopted by the following AYES: NOES: ABSTAIN: ABSENT: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY NONE NONE NONE R/R-ii-1.25-28 City of Poway