Res P-92-65RESOLUTION NO. P- 92-65
A R OF TH CIT CO NCIL
OF T IT OF POW Y, C LIF RNIA
P OV NG VARI NCE 2-1
ASSESS ' P RCEL NU BER 75- 00-27
WHEREAS, Variance 92-16submittedbyJack nd BarbaraBartroff, applicants,
request approval for construction of a second s ory addition which will observe
a 12 foot side yard setback where a 20 foot set ack is required. The property
is located at 13652 Acorn Patch Lane in the RR- zone; and
WHEREAS, on November 10, 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:
Secti.'
The City C uncil finds that Variance 92-16 is exempt from the p ' '
of theCal fornia E tal Quality Act, as the project is an addition
to an exis ing single-family dwelling {Class 3) and a minor alteration to
land use 1 mitations (Class 5).
Sectio).'
The proposed project will be consistent 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 are special c rcumstances applicable to the property, and
because of this, the s rict application of the Zoning Ordinance
deprives the property o privileges enjoyed by other properties in
the vicinity under iden ical zoning classification.
The special circumstances
a variance are:
with the property that support
The home was constructed prior to the adoption of the current
Zoning Ordinance at a time when 10-15 foot side yard setbacks
were acceptable in that neighborhood. There are several other
homes on the same block which are similarly sited.
The home was not placed parallel to the side property lines
but rather on an angle and the lot is somewhat irregular in
shape. Any logical addition to the rear of the house would
require a further ' into the side setback.
There is a substantial slope in the rear yard which precludes
the placement of an addition on the bottom floor, taking into
account the placement of the pool and small patio areas, and
the location of the septic system.
Resolution No. P-92-65
Page 2
The closest home to the west is located approximately 180-200
feet from the subject home and is visually separated by the
avocado grove on that property. The subject house is also
well screened by mature vegetation on all other sides.
That granting the variance or its modification is 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 20 foot side yard setback
because they were built prior to the adoption of the current zoning
code.
That granting the va iance or its mo'ification will not be
materially detrimental o the public healt , safety, or welfare, or
injurious to the proper y or impro'ements n such vicinity and zone
in which the property s located ecause he subject lot contains
mature landscaping whic screens vews of t e house from the street
as well as from surrounding proper ies.
That the granting of this variance does not constitute a special
privilege which the l' upon other properties in
the vicinity and zone in that other properties on the same street
observe a similar or lesser side yard setback.
That the granting of this variance does not allow a use or activit
which is not otherwise expressly authorized by zoning developmen
regulations governing the parcel or property in that the propose
project is an addition to a residential unit in the Rura
Residential C zone.
The City Council hereby approves Variance 92-16, 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
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
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- 92-65
Page 3
The appropriate Building Department approvals shall be received prior to
initiation of construction.
o
This approval shall become null and void on November 10, 1994 if building
permits have not been issued by that date.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this loth day of November 1992.
y ~yre, D puty M yor
ATTEST:
jor~ , y
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wahlsten, City lerk of the City of Poway, do hereby
certify, under the penalty of perjury, t at the foregoing Resolution, No. P-92-65,
was duly adopted by the City Council a a meeting of said City Council~n
the lOth day of November 19 2, and that it was so adopted by the
following vote:
AYES: HIGGINSON, MCINTYRE, SNESKO
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
, :y Clerk
ay
(Note: One vacancy created by t of Mayor Goldsmith's appointed term
on November 3, 1992.)