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