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Res P-89-20RESOLUTION NO. P- 89-20 A OF THE CITY OU CIL OF THE ITY OF POWA , APPRO'ING VARIAN 88-1 A D MINOR D VELOPMENT VIEW 8- 98 PARCEL NU ER WHEREAS, Variance 88-12, submitted by Paul and Judy Alsing, ap licants, requests a seven foot reduction of the required 20 foot side yard etback in the RR-C zone to allow the move-on of a 1,580 square foot home as an a dition to the existing dwelling located at 13856 Temple Street in the RR-C (Rura Residential C) zone; and WHEREAS, on February 21, 1989, the City Council held a duly public hearing to solicit comments from the public, both pro and con, relative to this application. N OW, the City of Poway does hereby resolve as follows: Section 1: E tal Findinc ~ The project is exempt from Review. It qualifies for a Class 5 categorical exemption because the variance is a minor alteration to land use limitations. Section 2: Fi~ : Variance 88-12 There are s ecial applicable to the property (size, shape, topo raphy, location, or surroundings), or the intended use of the propert , and because of this, the strict application of the Zoning Ordinance d prives the property of privileges enjoyed by other proper- ties in the vicinity under identical zoning classif' The subject lot is L-shaped and narrow which any addition on the rear yard. This together with the location and design of the existing residence limits the siting of the addition. Granting the variance or its modification is necessary for the preser- vation and of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought. Granting of the variance will allow the applicant to an addi- tion in a logically situated area given the location and design of the existing . on the lot. Properties directly to the and east, specifically Parcels 3, 36, 35, and 31, Book 321, Page 180, possess side yard setbacks ranging from two to ten feet. No. P-89- 20 -- Page 2 Granting the variance or its modification will not be materially detri- mental to the public health, safety or welfare, or to the property or in such vicinity and zone in which the pro- perty is located. The garage and proposed ad ition will provide st rage space and enclosed parking. The outbuildings wi 1 be removed from the site, resulting in a visua benefit for ~ properties. The will not resu t in any d 1 mpact to the public health, safety, or welfare and will not be ' to other proper- ties in the vicinity. The and addition will be compatible in design and scale with adjacent properties. The granting of this variance does not a special privilege with the l' upon other properties in the vicinity and zone in which such property is situated, in that other residences in the same vicinity have been ~ using similar setbacks. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. That the granting of the variance or its modification will not be with the Poway City General Plan in that the site is designated for single-family residential development. Minor Develo) Review 88-198 That the proposed development is in conformance with the Poway General Plan in that the proposed use is single family residential. That the proposed development will not have an adverse health, safety, or ly related impact upon ad oining pro- perties, in that the roofline, method, build ng materials, and elevations will be compatible with ~ proper les. o That the proposed development is in compliance with the Zoning Ordinance, in that with the granting of the it complies with the property development of the RR-C zone. That the proposed development encourages the orderly and appearance of and property within the City, in that all the surrounding properties are under the same zoning designation as the subject lot and are developed as single-family residences similar to the proposed project. Section 3: City Council Decision: The City Council hereby finds that Variance 88-12 and Minor Development Review 88-198 is approved subject to the following conditions: No. P- 89-20 Page 3 Within 3U days of approval: (1) The applicant shall submit in writing that all 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 elevations on file with the Planning Services Department. The appropriate Building Department approvals shall be received prior to initiation of construction. All new and existing utilities shall be of undergrounding shall be done prior to issuanc~ of a Certificate of Occupancy. A letter of certification is required from the Poway Unified School District prior to building permit ' Water, sewer, and fire ~ to meet rec systems plans shall be designed and of the City of Poway. The arch finishes and parapet wall of the addition shall be ly compatible with the existing home. Approval of this variance and minor d review shall not waive compliance with all other sections of the Zoning Development Code and all other applicable City in effect at the time of building permit ' The applicant hall comply ith the latest adopted Uniform Building Code, Uniform 1 Co e, Uniform Plumbing Code, National Electric Code, Uniform ire Code, an all other applicable code and ordinances in effect at t e time of bu lding permit ' 10. This ermit shall become null and void on February 21, 1990 if building p rmi s have not been issued, unless a time is granted by the Cty ,ouncilo Application for a time must be received in the P ann n9 Services Department no later than 90 days prior to the expira- t on date of this permit. APPROVED and ADOPTED by the City Council of~the City of Poway, State of California, this 21st day of February, 1989.~/~l ~ ~____~ ATTEST: Marjorie K\ Wahlsten, City Clerk No. P- 89-20 Page 4 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Mar orie K. Wahlsten, City Clerk of the City of Poway, do her_e~y~sertify, under the enalty of perjury, that the foregoing No. P-8~-ZU , was duly adopt d by the City Council at a meeting of said City Counci the 21stday o February , 1989, and that it was so adopted by the following AYES: NOES: ABSTAIN: ABSENT: BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE NONE NONE NONE R/R-2-21.1-4 City of ~PoWaY