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