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Res P-89-72RESOLUTION NO. P-89-72 A OF TH CIT' CO NCIL OF TH ITY OF POW Y, A P OVING VARI NCE 9-0 ASSESSO ' PARCEL NU ER 75- 20-11 WHEREAS, Variance 89-05, submitted by Robert and Mary Davis, applicants, request a five foot of the required 20 foot sideyard setback area for the of a 152 square foot addition to an existing sin91e family located at 13236 Avenida La Valencia in the Rural Residential zone; and WHEREAS, on July 11, 1989, the City Council held a duly public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: E Findin! This project is categorically exempt under the as it is a minor alteration to land use 1 of CEQA (Class 5) Section 2: I : That there are special applicable to the roperty, (size, shape, topogra hy, location, or surroundings) or the in ended use of the property, nd because of this, strict application o the Zoning Development Co e deprives the property of privileges en oyed by other properties in he vicinity under zonin9 class f' The rear of the lot has a slope in excess of 30 percent which any addition to the rear. An easement on the property margin inhibits to the west. That the granting of the variance is necessary for the p and of a property right by other properties in the same vicinity and zone and denied to the property for which the variance is sought in that other properties have been developed with sin§le family residences. Granting of the variance will allow the applicant to an addi- tion in a logically situated area given the locati n and design of the existing ~ on the lot. The sun room will e screened from adjoining properties by six foot high mas nry wa 1 placed at the top of a slope on the proper to the east. Ad itiona ly, properties in the same zone and vicini have been grante a var ance under similar specifica ly, 82-1 , 83-0 , 85-02, 85-04, and 87-04. No. P- 89-72 Page 2 That granting the variance or its modification will not be materially 1 to the public health, safety, or welfare, or to the property or in the vicinity and zone in which the pro- perty is located in that the addition will be compatible in design and scale with adjacent properties. o That the granting of this variance does not a special privi- lege with the upon other in the vicinity and zone in which the property is situated in that other resi- dences in the same zone and vicinity have been ~ using simi- lar That the granting of this variance does not allow a use or activity which is not otherwise 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 d for single family residential development. Section 3: City Council Decision: The City Council hereby approves Variance 89-05 subject to the following conditions: Within 30 days of approval: {1) The applicant shall submit in writing that all of approval have been read and (2) the property owner shall execute a Covenant on Real Property. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The appropriate Building Department approvals shall be received prior to of construction. 2. All new and existing utilities shall be underground prior to issuance of a Certificate of Occupancy. 3. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit ' No. P-89- 72 Page 3 o The applicant shall comply w th the latest adopted Uniform Building Code, Uniform Code, Uni orm Plumbing Code, National Electric Code, Uniform Fire Code, and all o her applicable codes and in effect at the time of building perm t ' This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. The variance shall expire on July 11, 1990, unless an application for time is received 90 days prior to expiration in accordance with City APPROVED and ADOPTED by the City Council California, this 11th day of July, 1989. ATTEST: of the City of Poway, State of No. P- 89-72 Page 4 STATE OF COUNTY OF SAN DIEGO SS, I, Marjorie K. City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-89-72 , was duly adopted by the City Council at a meeting of said City Counci the llth day of , 1989, and that it was so adopted by the following vote: AYES: BRANNON, EMERY, GOLDSMITH, KRUSE NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON City of~ay R/R-7-11.1-4