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Res P-92-47RESOLUTION NO. P-92-47 A OF CITY CO NCIL OF T ITY OF P Y, o OVING VA CE 92-1 ASSES n' PARCEL BER 314- 74-09 WHEREAS, Va lance 92-12 submitted by Ed applicant, requests approval for cons ruction of a porch which will observe a 17 foot front yard setback where a 2 foot setback is required. The property is located at 12514 Holland Place in he RS-7 zone; and WHEREAS, on September 29, 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, THEREFORE, the City Council does hereby resolve as follows: The City C uncil finds that Variance 92-12 is exempt from the p of the Cal fornia Environmental Quality Act, as the project is an addition to an exis lng single-family dwelling (Class 3) and a minor alteration to land use 1 mitations {Class 5). e The proposed project is consistent with the general plan in that it proposes an expansion to existing residential development on a site which is designated for residential use. hat there are special c rcu stances applicable to the property, and ecause of this, the s tic application of the Zoning Ordinance eprives the property o pr vileges enjoyed by other properties in he vicinity under iden ica zoning classification. The special circumstance associated with the property that support variance is the fact that the neighborhood was developed prior to he adoption of the current zoning for the area. The residences in he community observe a varied front yard setback and in many cases he setback observation is less than the 25 feet required in the zone. 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 zoning for which the variance is sought. The subject property is located in an area where the majority of the residences observe less than the required 25 foot front yard setback because they were developed prior to the current City zoning being adopted. That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare, or to the property or improvements in such vicinity and zone in which the property is located. Resolution No. P-92-47 Page 2 The prop sed will not have a negative im act due to th fact tha the residences in the nei hborhood observe ifferent fron yard set acks which help to defin and provide an nteresting an varied s reetscape. In addition, he proposed porc addition wil enhance he appearance of the exis lng home. That the granting of thi variance does not constitute a pecial privilege inconsistent wi h the limitation upon other pro er ies in the vicinity and zone in hat other properties observe t.e 5 foot front yard setback due o the fact that zoning stan ar s were changed in 1983 when Poway's Comprehensive Plan was adop e . That the granting of this variance does not allow the use or activit which is not otherwise expressly authorized by zoning develo ent regulations governing the parcel or property in that the propose project is an addition to a residential unit in the Residen ial Single-Family 7 zone. The City Council hereby approves Variance 92-12 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. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE NTTH THE FOLLONTNG CONDITIONS: 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 This permit shall become null and void on September 29, ]994 if building permits have not been issued. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 29th day of September, 1992. ATTEST: ~~ h, Mayor sten, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) Resolution No. P-92-47 Page 3 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-92-47 , was duly adopted by the City Council at a meeting of said City Council held on the 29th day of 1992, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH Marjorie/K.~ City of~,.~ en, City Clerk