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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