Res P-92-53RESOLUTION NO. P-92-53
A RE L TION OF T
OF T ITY OF PO
P -VING VAR
ASSES~ R' PARCEL ·
CITY COUNCIL
Y, CALIFORNIA
NCE 92-10
.BER 323-010-07
WHEREAS, Variance 92-10 submitted by Ed Turley and William Griswold,
applicants, request the approval to allow the construction of a retaining wall
up to 14 feet in height in conjunction with the construction of a new single-
family home at 13891Bernadotte Lane in the RR-C zone; and
WHEREAS, on October $, 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:
al Fin,
The City Council finds that Variance 92-10 is exempt from the p
of the California E tal Quality Act, Categorical Exemption Classes
3 and 5 as the project is an to a new single-family dwelling
(Class 3) and a minor alteration to land use 1 (Class 5).
The proposed project will be consistent with the existing general
plan in that the home is designed on a split-level foundation in
compliance with General Plan Land Use Requirements for properties
containing slopes in excess of 25 percent located within the grading
envelope.
That there are special c rcu stances applicable to the property, and
because of this, the s ric application of the Zoning Ordinance
deprives the property o pr vileges enjoyed by other properties in
the vicinity under iden ica zoning classification.
The special circumstances associated with the subject property that
lend support for a variance are related to its step gradient, a
major topographical constraint. The lot has a rela ively uniform
slope of approximatel 35 percent including that area ocated within
the limits of gradin . The foundation of the house s desig ed as
a split-level in c pliance with Poway General Plan Stan ards,
however a Fire Depar ment turnaround area is required to be bu It as
part of the parking area adjacent to the garage. The m nimum
d' of the turnaround necessitate additional grading in
conjunction with the large retaining wall in order to provide
sufficient room.
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
Resolution No. P-92-53
Page 2
variance is sou hi. This is one of the last lots to be developed in
the Belvedere states neighborhood. Lots along Belvedere Drive
generally conta n simila slope gradient but the homes were built
at an earlier t me with esser developmen standards. Most of them
are also locate closer o the roadway an therefore do not require
driveway space n which o turn fire veh cles around.
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 z ne
in which the property is located because the wall will be partia ly
screened from view being set back 50 from the edge of the gra ed
slope and due to the angle of viewing from the valley floor, he
wall will also be required to be stuccoed to match the new home and
planted with trailing vines to achieve a softened appearance.
That he granting of this variance does not constitute a special
privi ege inconsistent with the limitation upon other properties in
the v cinity and zone in that many of the houses constructed in the
vicin ty were constructed at an earlier time and were not required
to provide a fire turnaround.
e
That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is a necessary design feature built in conjunction
with the construction of a new single-family dwelling.
Special circumstances do exist in that the property is
topographically constrained and in order to construct a home on the
lot a fire turnaround must be provided; therefore, granting the
variance is necessary for the preservation and enjoyment of a
substantial property right possessed byother properties in the same
vicinity.
on:
The City Council hereby approves Variance 92-10 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 DEPARTNENT OF PLANNING SERVICES REGARDING CONPLIANCE
WITH THE FOLLOWING CONDITXONS:
S PNENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Resolution No. P-92-53
Page 3
o
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
Approval of this request shall not waive compliance with all sections of
the Zoning Development Code and all other applicable City Ordinance in
effect at the time of building permit
The retaining wall will be subject to an adequate structural design
responsive to soil and drainage conditions.
The retaining wall shall be stuccoed to match the new home in both color
and texture. This shall be accomplished prior to granting the Certificate
of Occupancy.
Tra ling vines, of a variety acceptable to the City Landscape Architect,
sha 1 be installed behind top of wall, a minimum of five gallon size
and pl nted a minimum of ight fe t on center. These plants
sha 1 be maintaine with the intent o screen ng the size of the exposed
retaining wall sur ace and shall be p anted w th the low-flow irrigation
system in place pr or to granting of he cert ficate of occupancy.
This permit shall be null and void on October 6, 1994 if building permits
have not been issued.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 6th day of October, 1992.
s~h, yor
ATTEST:
Marjoram. Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SANDIEGO
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) ss.
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Resolution No. P-92-53
Page 4
I, Mamjorie K. Wahlsten,- City Clerk of the City of Poway, do .hereby
certify, under the penalty of perjury, that the foregoing Resolution, No. P-92-53
, was duly adopted by the City Council at a meeting of said City Council
held on the 6th day of October 1992, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
MarJo Wahlsten, City Clerk
City o~oway