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Res P-92-07NO. P-92-07 A OF THE CITY OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 91-11 AND MINOR REVIEW 91-70 PARCEL NUMBER 91-11 and Minor Development eview 91-70 submitted by Richard and Maria Sulpizio, applican s, requ st approval for construction of a 1200 square foot room ad ition wh ch will observe an eight foot side yard setback at the c osest po nt where a 20 foot setback is required at 15812 Lime Grove Road in he RR-C (Rural Residential C) zone; and on February 4, 1992, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, the City Council does hereby resolve as follows: The City Council finds that 91-11 and Mi or Development Review 91-70 are exempt from the p of he California tal Quality Act, Categorical Exempt on Class 5 and 3 as the project is an addition to an exist ng single-family dwelling (Class 3) and a minor alteration to land use limitations (Class 5). 91-11 The proposed project is with the general plan in that it proposes an expansion to existing residential development on a site which is designated for residential use. That there ar special circumstances applicable to the property, and ecause of this, the strict application of the Zoning Ordnance deprives the property of privileges enjoyed by o her properties in the vicinity under identical zoning classification. The special c rcumstances include the fact that the lot is substandar n tot 1 area and in width. This fact, in combination w t the ocation of existing improvements on the lot, inc u lng he septic tank, leach field, and swimming pool, lmit he applicants ability to design an addition which meets standard setback requirements. Resolution No. P-92-07 Page 2 That granting the variance or its modification is f for the preservation and enjoyment of a substantial property right poss~essed by other property in the same and zoning for which the is sought. The variance will allow the applicant to enlarge the existing to a total of 3904 square feet which is in keeping with the size of other found in the vicinity. That granting the or its mod will not be y tal 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. The proposed encroachment will ot have a negative impact due to the fact that the slop ng topography of the lot a d lar e front yard setback w 11 the additions v sibil ty from the street an also because the nearest a Jacen home is 40 feet from the common property line w ich w 11 allow an ample separation of 48 feet between t e two houses. That the granting of this does not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and zone in that other variances for side yard setbacks have been granted in th G een Valley area where many existing homes do no o serve the 20 foot side yard setback due to the fac t at setback and lot size requirements were s gnificantly in 1983 when Poway's General Plan was a opted. That t e granting of this va iance does not allow the use or act vity which is not expressly authorized by zon ng development regula ons governing the parcel or proper y in that the propose project is an expansion of a resi ential unit in the Rural Residential - C zone. That the proposed development is in conformance with the Poway General Plan in that the proposed use is single family residential. That the proposed develo ent will not have an ad erse aesthetic healt , safet , or architectur lly re ated impact upon adJo ning pr perties, in that t e roof ine, construction met od, bui ding materials, an eleva ions will be compatib e with ] p 5. 6. 7. 8. Resolution No. P-92-07 Page 3 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 of the RR-C zone. hat the proposed development encourages the orderly and armonious appearance of structures and property within he City, in that all surrounding properties are under he same zoning designations as the subject lot and are eveloped as single-family residences similar to the proposed project. The City Council hereby approves Variance 91-11 and Minor Development Review 91-70 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 property owner shall execute a Covenant on Real Property. SHALL THE OF WITH T}~ The site shall be developed in accordance with the approved site plan and elevations on file in the Planning Services Department. The appropriate Building Department approvals shall be received prior to initiation of construction. Any existing on-site utility poles shall be removed and al new utilities shall be installed underground. Please contac SDG&E Planning at 480-7617. Completion o undergrounding shall be prior to issuance of a Certificate o Occupancy. School impact fees shall be paid prior to issuance of building permits. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of City of Poway Low flow plumbing fixtures are required in all new construction. Self-generation water softeners are prohibited in accordance with Chapter 13.04 of the Municipal Code. This permit shall become null and void on February 4, 1994 if building permits have not been issued. Resolution No. P-92-07 Page 4 SHALL THE OF WITH THE FOLLOWING CONDITIONS: A grading plan for the development of the property shall be submitted to the City's Engineering Services Department for review nd approval prior to of a grading permit and start o grading operation unless grading involves earthwork of less than 50 c' bic yards. If no grading is require , a certification rom a State Registered Civil ngineer indicating the amoun of earthwork shall be furnished o said City's Engineering Department and a $500 nspection fee shall be paid prior to building permit The following development fees shall be paid to the Engineering Services Department prior to building permit These fees are currently in effect and are subject to change. Traffic Mitigation Fee Park Fee $ 640 $2500 SHALL CONTACT THE WITH THE OF PUBLIC Annex parcel into LMD 86-1 at a 50 percent rate. at this rate for Fiscal Year 1991-92 is $115.98. The rate of t and fiscal year t are subject to change. SHALL CONTACT THE WITH THE OF SAFETY Roof covering shall meet Class A fire testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering materials, per City of Poway Ordinance No. 64. A proved numbers or addresses shall be placed on the building i such a position as to be plainly visible and legible from t e street fronting the property. Said numbers shall contrast w th their background. Minimum height of address numbers s all be four inches. Address shall be required at private driveway. 3. Each chimney used in conjunction with any fireplace shall be maintained with a spark arrester. No. P-92-07 Page 5 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 4th day of February 19 ~. ATTEST: Marj . ten, City Clerk STATE OF ) ) COUNTY OF SAN DIEGO ) SS. I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-92-07 , was duly adopted4tbYhthe City Council at a meeting of said City Council held on the day of February , 1992, and that it was so adopted by the ~ ~ ~ vote: AYES: NOES: ABSENT: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NONE NONE