Res P-90-53RESOLUTION NO. P- 90-53
A F ECI Y CO N IL
OF CT P A ,
A OV N RI C 9 - 5 N
MI O V L ME EVE 9 - 5
ASSES 'S P R L UM ER 3 4- 5 -01
WH REAS, Variance go-05, submitted by Ro ert Hogarth, applicant, Harry and
Diana eorge, owner, requests approval to al ow a seven foot encroachment of an
eight o ten foot high tennis court fence in o the required front yard setback
at 141 0 Palisades Drive in the PC {Planned or~nunity) zone; and
WHEREAS, on July 31, 1990, the City Council held a duly public
hearing to solicit co~nents from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City of Poway does hereby resolve as follows:
Section 1: Environmental Ftndln :
The project is exempt from Environmental review. It qualifies for a Class 5
categorical exemption under CEQA Guidelines because the variance is a minor
alteration to land use limitations.
Section 2:
Variance 90-05
That there are special circumstances applicable t the property (size,
shape, topography, location, or surroundings) or he intended use of
the property, and because of this, the strict app ication of the Zoning
Development Ordinance deprives the property of pr vileges enjoyed by
other properties in the vicinity under identical zoning classification.
The unusual shape of the property, in conjunction with the
of three sizeable easements, limits the amount of buildable area of the
lot.
That granting the variance or its modification is necessary for the
preservation and enjoyment 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.
By granting the the owner will be able to enjoy a use enjoyed
by some property owners in the same vicinity.
That granting the variance or its wil not be materially
detrimental to the public health, safety, or welfare, or injurious to
the property or improvements in such vicinity and zone in which the
property is located.
No. P- 90-53
Page 2
The tennis court will not be injurious to other properties in the vicin-
ity but will increase the value of the subject lot which indirectly
could improve the property values.
The grantlng of thls variance does not c nstltute a special privilege
Inconsistent with the limitation upon ot er properties In the vlclnlty
and zone In which such property is ,
the developable lot area is ltmtted by t re, sizeable easements.
The granttng of thts varlance does not allow a use or activity which is
not otherwise expressly authorized by zonlng regulatlons governlng the
parcel of property.
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That the granting of the variance or its will not be
incompatible with the Poway General Plan in that the site is designated
for single-family development and related uses.
Mi
That the proposed development is in with the Poway General
Plan in that the proposed use is an accessory use to a single-family
residence.
That the proposed develo merit w ll not have an adverse
health, safety, or archi ectura ly related impact upon adjoining prop-
erties, in that the term scour fence will be adequately screened to
surrounding properties w th lan scaping.
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That the proposed development is in compliance with the Zoning
Ordinance, in that with the granting of the variance, it complies with
the property development standards of the Rancho Arbolitos Planned
Community.
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That the proposed development encourages the orderly and h
ap earance of structures and property within the City, in that all of
th surrounding properties are under the same zoning designation as the
su J,ct lot; are developed as single-family residences; and some have
ad ed tennis courts.
The City Council hereby finds that Variance 90-05 and Minor Development
Review 90-25 are approved 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 prop-
erty owner shall execute a Covenant on Real Property.
Resolution No. P-90-53
Page 3
APPLICANT SHALL CONTACT THE DEPARTNENT OF PLANNING SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The property shall be developed in accordance with the approved site plan
and elevations on file with the Planning Services Department.
2. The appropriate Building Department approvals shall be received prior to
initiation of construction.
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Landscaping shall be installed to screen the tennis court. A landscape plan
shall be submitted to the Planning Services Department for approval prior to
issuance of building permits.
The back curt fence of the tennis court shall be a minimum height of eight
fee b t s all not exceed ten feet. The back court fence closest to
Pal sa es rive shall be constructed of open fencing. A mesh wind screen
sha 1 e a lowed on this section of the fence (the back court fence closest
to al sades Drive) subject to clearance by the City Engineer.
Approval of this variance and minor development review shall not waive
compliance with all other sections of the Zoning Development Code and all
other applicable City ordinances in effect at the time of building permit
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The applicant shall compl w th the latest adopted Uniform Building Code,
Uniform Mechanical Code, ni orm Plumbing Code, National Electric Code,
Uniform Fire Code, and al o her applicable code and ordinances in effect at
the time of building perm t ssuance.
7. Thts permit shall become null and void on July 31, 1992 if building permits
have not been issued.
APPLXCANT SHALL CONTACT THE DEPARTNENT OF ENGINEERING SERVICES REGARDING
C0NPLIRNCE WITH THE FOLLOWING CONOITIONS:
A right-of-way permit shall be obtained from the City's £ngin ering Services
Department for any work to be done within the public street r ght-of-way or
any City-held ease ent. Said work shall includ , b t is not o be limited
to, construction o driveway approach, sewer la era installa ion, water
service line insta lation, street construction inc uding concrete curb,
gutter, and sidewa k). Permit shall be obtaine pr or to start of work.
he site was graded per Cit approved grading plan G447-88. Any modifica-
ion to the approved gradin which will result in the movement of more than
0 cubic yards requires a g ading permit to be obtained prior to start of
he grading operation. Add tional inspection fee may be required.
Resolution No. P-90-53
Page 4
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An encroachment ermit shall be obtained from the City's Engineering
Services Departm nt for any encroachment over/within the City's existing
easements. Appl cant shall pay the applicable recordation fees and pro-
cessing fee of $ 5.
Re
The 24 inch box evergreen ash north of the tennis court and the ten foot
palm in the rear yard should be relocated so as to not interfere with vehic-
ular access to the drainage
Se
Since the encroachments make access through the easements difficult, the
owners shall grant a right-of-entry to the City of Poway, This document
will enable the City to access the public on the property through
a route not ~ with an easement. Please contact the Engineering
Services Department for execution and recordation of the document. Owners
shall be responsible for payment of the necessary recording fees.
6. Please contact Engineering Services for payment of water, drainage, sewer,
traffic mitigation, and park fees prior to building permit issuance.
Cal
APPROVED and ADOPTED by the City Council of the City of Poway, State of
ifornia, this 31st day of July, 1990.
Don Higgin ;on,
ATTEST:
Marjc ~ahl sten,
:rk
Resolution No, P-90_53
Page 5
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Mar orle K. Wahlsten, City Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu ion, No. P-9~-53 , was
c~l~adopt d b~the City Council at a meeting of said C ty Council held on the
~day odMy , 1990, and that it was so adop ed by the following
vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: KRUSE
R/R-7-31.8-11A
BRANNON, EMERY, GOLDSMITH, HIGGINSON
Marjorie K
City or,way