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Res P-03-37RESOLUTION NO. P-03-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 03-07 ASSESSOR'S PARCEL NUMBER 317-474-13 WHEREAS, Variance (VAR) 03-07 submitted by the City of Poway requests approval for a Variance to allow th : a 520-square-foot storage building and trash to observe a 9-foot street side yard setback where a 20-foot setback is required. The subject property is located at 13050 Community Road in the Public Facilities (PF) zone. WHEREAS, on July 8, 2003, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: Section 1: The proposed project is Categorically Exempt as a Class 5 Categorical Exemption from the California E Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines in that the project : a minor alteration to the street side yard setback and does not create a new parcel. Section 2: The findings, in accordance with Section 17.50.050 of the Poway Municipal Code, to approve Variance 03-07 to allow a 9-foot street side yard setback rather than the required 20-foot setback for a 520-square-foot storage building and trash located at 13050 Community Road in the Public Facilities (PF) Zone, as shown on the site plan dated May 21,2003, are made as follows: That there are special applicable to the property and because of this the strict application of the zoning ordinance deprives the property of privileges enjoyed by other properties in the vicinity. The special include the fact the subject parcel was reduced in size by a City-initiated boundary adjustment to include only the existing building and parking lot thereby limiting the location of accessory and, Granting the Variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same vicinity and not afforded to the property for which the Variance is sought because the developable area of the lot was reduced to exclude previous improvements and is :1 between the lack of developable space and land encumbered by existing uses; and, Granting the Variance would not be materially detrimental to the public health, safety, or welfare in the vicinity in that the proposed storage building and trash will be :1 and painted to match the existing Fire Station and will Resolution No. P-03-37 Page 2 increase the setback from Civic Center Drive as compared to the existing Fire Station to provide additional landscal; 3; and, That the granting of this Variance does not constitute a special privilege that is l with the limitation upon other properties in the vicinity and zone in that the existing Fire Station ol; ly a 2-foot setback; and, Granting the Variance would not allow a use or activity not otherwise expressly authorized in the PF zone because the application proposes only to relocate these existing uses/facilities within the same site and are permitted uses/facilities in the PF zone; and That the proposed V I be compatible with the City's General Plan because the use/facilities are permitted and will not increase the intensity or density of the existing Fire Station use. Section 3: The City Council hereby approves Variance 03-07, to allow the of a 520-square-foot storage building and trash located at 13050 Community Road in the Public Facilities (PF) zone to observe a 9-foot street side yard setback rather than the required 20-foot setback (as reflected on plans dated May 21, 2003), subject to the following conditions: Approval of this Variance shall apply only to the subject project and shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of Building Permit issuance. The Variance granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding l, and residential uses. The applicant shall comply with the Uniform Building Code and shall obtain a Building Permit consistent with the approved Variance plans, dated May 21, 2003, prior to construction, as amended below: Prior to issuance of a Building Permit, the plans shall show that the exterior building materials for the storage building and trash in color, type, and texture with the exterior material on the existing Fire Station and that a parapet wall be :1 over the walkway to interconnect the existing Fire Station with the proposed storage building subject to the sal " :the Director of Development Services. Section 4: The approval of Variance 03-07 shall expire on July 8, 2005, unless the applicant and/or property owner applies for and obtains approval of a Building Permit. Resolution No. P-03-37 Page 3 Section 4: The approval of Variance 03-07 shall expire on July 8, 2005, unless the applicant and/or property owner applies for and obtains approval of a Building Permit. PASSED, APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, this 8th day of July 2003. ATTEST: Lol~i Anne Peoples, C Cldrk Michael P. C~ STATE OF CALIFORNIA ) )SS. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. P- duly adopted by the City Council at a meeting of said City Council held on the 8th day of July 2003, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Lorl AnOn: P~es, C~,er~j~L ~f Poway