Res P-93-14 ? '� I
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', t1 RESOLUTION NO. P-93714
A RESOLUTION OF THE CITY COUNCIL
!�i•' ,k7 OF THE CITY OF POWAY, CALIFORNIA
1 APPROVING VARIANCE 93-03 AND
MINOR DEVELOPMENT REVIEW 93-06
ASSESSOR'S PARCEL NUMBER 317_750-15
I - • '`1 WHEREAS, Variance 93-03 and Minor Development Review 93-06, submitted by
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'Peter f,�` ;:,• Peter and Karen Molnar, applicants, request approval for construction of a 1243
-;square foot second story addition to an existing single-family dwelling. The
"`. ..•,:.`; addition will observe a 21'5" front yard setback t where a 25 foot setback is
. - , ',' "required. The property is located at 12852 Reo Real Drive in the RS-7 zone; and
`rj WHEREAS, on April 13, 1993, the City Council held a duly advertised public
,hearing to ;solicit comments from the public, both pro and con, relative to this
application.
.r 1 NOW, 'THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
,, • S The City Council finds that Variance 93-03 and Minor Development Review
from the exempt 93-06 are
. p provisions of the California Environmental
,:y.,...4. - Quality Act, as the project involves an addition to an existing single-
+' j 't', ry' family dwelling (Class 3) and a minor alteration to land use limitations
(Class 5) .
Sectioni2: Findings:
.' s 1 . i 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.
.t.. ` � 2. That there are special circumstances applicable to 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.
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' hhevee circqumsclwudhie ch haeppyct o ttt s tetghbadhowrats- xThe
pior
to the adoption of the current zoning for the area.
The residences in the neighborhood ;observe varied front yard
setbacks and in most cases the setback observation is less than the
7,JAA. 25 feet required in the zone. Another factor which affects the lot
is ,its irregular shape. The lot is wide at the front and narrows at
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7- '. the rear. Consequently, the bulk of the lot area is impacted by
(front
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yard and street side yard setbacks which lessens the area
:y :,`.`F `available for building expansion.
: 3. 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.
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Resolution No. P-93-14
Page 2
The subject property is located in an area where the majority of the
residences observe less than the required 25 foot front yard
setback. Other second stories have been built in the neighborhood.
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That granting the variance or its modification will not be
materially detrimental 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.
he proposed encroachment will not have a negative impact due to the
act that (1) the residences in the neighborhood observe varied
font yard setbacks; (2) because the 3'7" encroachment is too small
n size to result in any serious impact; and (3} because the
addition has been designed to enhance the appearance of the home.
That he granting of this vari ce does not constitute a special
privi ege inconsistent with the imitation u on other rD erties in
the v cinity and zone in that ot er propert es fail t m et the 25
foot font yard setback due to t e fact tha zoning s an ards were
changed in 1983 when Poway's Comprehensive lan was a Dp ed.
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 an addition to a residential unit in an area
zoned for single-family residential use.
Council Decision:
The City Council hereby approves Variance 93-03 and Minor Development
Review 93-06 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
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.
3. School fees shall be paid for the additional habitable space.
4. This permit shall become null and void on April 13, 1995 if building
permits have not been issued.
Resolution No. P-93-14
Page 3
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTHENT OF ENGZNEERZNG SERVZCES.
COHPLIANCE SHALL BE
A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the public street
right-of-way or a y City-held easement. Said work shall include, but is
ot to be limite to, construction of driveway approach, sewer lateral
nstallation, wa er service line installation, street construction
including concre e curb, gutter, and sidewalk). Permit shall be obtained
rior to start of work.
The following development fee shall
Department prior to building permit
effect, but is subject to change.
be paid to Engineering Services
This fee is currently in
Drainage Fee $1200
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of April 1993.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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Resolution No. P-93-14
Page 4
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-93-14 , was duly adopted by the City Council at a meeting of said City Council
~e 13th day of , 1993, and that it was so adopted
by the follow~--i-6-~-vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
City o f~way