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Res P-92-13NO. P- 92-13 A OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 92-01 PARCEL NUMBER 31' Variance 92-01, submitted by Robert and Dolores Bloemker, applicants, request approval of a to allow a proposed 400 square foot attached addition to encroach into the required rear yard setback by 7 1/2 feet. The property is located at 13758 Pomerado Road in the RS-7 zone; and on March 17, 1992, the City Council held a duly advertised public hearing to solicit comments from the public both pro and con, relative to the application. NOW, the City Council does hereby resolve as follows: Section 1: Findin : This project is categorically exempt under the provisions of CEQA (Class 5), minor alteration in land use limitations Section 2: Find~ : The proposed project is consistent with the existing general plan in that room additions are allowed in residential single-family zones. That there are special ap to the property (size, shape, topography, location, or Ns) or the intended use of 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 under identical zoning classification. The unusual circumstances include a steeply slopin front yard which required that the existing house be sit d deep on the lot. This placement of the house has limi ed the amount of potential development that cou d be accommodated at the rear of the property without a The steep sloping front yard area also limits additional development from being sited in front of the existing house without additional grading. That granting the or its modification is y 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 is sought. No. P-92-13 Page 2 The granting of the requested variance will allow the construction of needed additional living area to an existing modest sized single-family residence. That granting the or its modification will not be materially 1 to the public health, safet-, r or injurious to the property or improvemen s n such vicinity and zone in which the property s ocated in that residential additions are permitted n he RS-7 zone. The granting of this does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated in that residential additions are permitted in the RS-7 zone. The granting of this does not allow a use or activity which is not otherwise expressly authorized by the Zoning Ordinance governing the parcel of property. The granting of the will allow the construction of the proposed addition. The use is consistent with the Zoning Ordinance governing the property. Tha granting the or its modification will not be ncompatible with the City of Poway General Plan in tha the General Plan allows the construction of single- fam ly additions and the proposed addition will comply wit all of the required development guidelines. Section 3 Council The City Council hereby approves Variance 92-01 subject to the following conditions: within 30 days of approval: (a) the applicant shall submit in writing that all conditions of approval have been read and understood; and (b) the property owner shall execute a Covenant on Real Property. The appropriate Building Department approvals shall be obtained for the proposed addition. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. Resolution No. P- 92-13 Page 3 and ADOPTED by the City Council of State of California, this 17th day of Marc- 1991 ATTEST: · e City of Poway, K en, 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. , was duly adopted by the City Council at a meeting of said City Council held on the17th day of March , 1992, and that it was so adopted by the following vote: AYES: NOES: ABSENT: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NONE NONE ~rj~r%e ] ~ahlsten, City Clerk City o~ Poway