Res P-93-15RESOLUTION NO. P-93-15
A RE L ON F T CI Y CO NCIL
OF T Y 0 m y,
APP V 4 D
MIN LLO ~ .~ 9 -04
ASSESS ' ARC L M E 2 3- 44-01
WHEREAS, Variance 93-04 and Minor Develo ment Review 93-04 sub itted by J.
ng aham Cla k, applicant, requests approval or construction of a 612 square
oo single- amily home, part of which will o serve a front yard se back of 20
ee when a 5 foot setback is required, for he property located a 17342 Tam
-'S anter Dr ve in the RS-4 zone; and
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.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The City Council finds that this project is exempt from the p of
the California E tal Quality Act, Categorical Exemption Category
3, as it is the construction of a single-family dwelling.
Sect'
Vari;
The proposed project will be with the existing general
plan in that it proposes the construction of a single-family
residence 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 include the fact that the lot is irre ular
in oth shape and topography, and that the lot is burdened o the
wes side by the presence of a public aqueduct easement, hese
fac ors taken together limit the applicant's ability to des gna
res dence which meets standard setback requirements.
o
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 variance will allow the applicant to construct a 3612 square
foot residence which is in keeping with the size of other residences
found in the vicinity.
Resolution No. P-93-15
Page 2
o
That granting the variance or its 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.
The proposed encroachment will not have a negative impact due to the
fact that only a portion {one-third} of the front elevation will
project into the setback. The rest of the house observes the
required setback.
That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that portions of the StoneRidge area were
built under County zoning standards, and do not observe a 25 foot
setback.
That the granting of this variance does not allow a use r activit
which is not otherwise expressly authorized by zoning evelopmen
regulations governing the parcel or property in that t e propose
project is the construction of aresidential unit in the esidentia
Single Family 4 zone.
93-04
That the proposed development is in conformance with the Poway
General Plan in that the proposed use is single family residential.
That the proposed development will not have an adverse aesthe ic
health, safety, or architecturally related impact upon adjoin ng
properties, in that the roofline, construction method, build ng
materials, and elevations will be compatible with surround ng
properties.
That the proposed development is in complianc~ with the Zoning
Ordinance, in that, with the granting of the it complies
with the property development standards of the RS-4 zone.
That the proposed development encoura es the orderly and h
appearance of structures and propert within the City, in that all
surrounding properties are under the ame zoning designations as the
subject lot and are developed as sing e-family residences similar to
the proposed project.
Sect cision:
The City Council hereby approves Variance 93-04 and Minor Development
Review 93-04 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.
Resolution No. P- 93-15
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVEO BY THE DEPARTMENT OF PLANNING SERVICES.
SHALL BE
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
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 Ordinance and all other applicable City Ordinances in effect at
the time of building permit '
4. School impact fees shall be paid prior to building permit
7. This approval shall become null and void April
permits have not been issued.
Low flow plumbing fixtures are required in all new construction.
Self-generating water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
13, 1995 if building
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
COMPLIANCE SHALL BE
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval riot
to issuance of a grading permit and start of grading operation, ough
grading of the site must be completed and shall meet the C ty's
Engineering Services inspector's approval prior to issuance of a bui ding
permit.
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 any City-held easement. Said work shall include, but is
ot to be limited to, construction of driveway approach, sewer lateral
nstallation, water service line installation, street construction
including concrete curb, gutter, and sidewalk). The permit shall be
btained prior to start of work.
The following development fees shall be paid prior to issuance of a
building permit:
raffic Mitigation
ark 2
rainage
ater Service 6
Resolution No. P-93-15
Page 4
WITH THE IS REQUIRED.
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
SHALL BE
Se
Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
Approved nu bers or addresses shall be placed on the buildi in such a
position as o be plainly visible and legible from the street onting the
property, aid numbers shall contrast with their backgroun . Minimum
height of a dress numbers shall be four inches. Address may e required
at private riveway entrances.
Each chimney used in conjunction with any fireplace shall be maintained
with a spark attester.
The access roadway shall be extended to within 150 feet of all portions of
the exterior walls of the first story of any building. Where the access
roadway/driveway cannot be provided, approved fire protection systems,
including a residential fire sprinkler system shall be provided as
required and approved by the chief.
A smoke detector is required in the basement at the base of the stairs
which sounds an audible alarm in all sleeping rooms.
VALS
A permit from the San Diego County Water Authority for any encroachment
into the public aqueduct easement.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of April, 1993.
Don Higglnson, ~hyb
ATTEST:
STATE OF )
) ss.
COUNTY OF SAN DIEGO )
Resolution No. P-93-15
Page 5
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-93-15 , 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 following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO,
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjo~ie~K. Wahlsten, City Clerk
City fo~o~o~o~o~o~o~o~o~oway