Res P-93-37RESOLUTION NO. P- 93-37
A F E CITY CO N IL
OF 0 P AY, CALIF R IA
A 0 " RI CE 93-10 N
MI L ME REVIEW 9 - 5
PA~ EL MBER
WHEREAS, Variance 93-10 and Minor Development Review 93-35 submitted by
Laura Kimball, applicant, requests approval for construction of a 1550 square
foot single-family home at 14305 York Avenue. The residence will observe side
yard setbacks of only five and one-half feet when 10 foot setbacks are required
in the RS-4 zone; and
WHEREAS, on July 27, 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:
Section 1: E 1 Fin :
he ity Council finds that Variance 93-10 and
3-3 are exempt from the p of the
ual ty Act, Categorical Exemption Class 5 and
ons ruction of a si. ngle-family dwelling {Class
to land use l' (Class 5).
.inor Development Rev ew
alifornia E al
, as the project is he
) and a minor alterat on
Variance 93-10
The proposed project is consistent with the 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 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 include the fact that the lot is
s, bstandard in total area and in width. This fact, in combination
w th the encumberance of the floodplain on a portion of the lot,
1 mits the applicant's ability to design a residence which meets
s andard setback requirements.
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 1550 square
foot residence which is in keeping with the size of other residences
found in the vicinity.
Resolution No. P-93-37
Page 2
That granting the variance or its will not be
materially d 1 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 the redevelopment of the site will result in the
improvement in the drainage patterns of the area in that the
proposed dwelling will be ~ clear of the floodplain.
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 the roperty is lo ated in an area
where many of the existing homes d not observe he minimum side
yard setback due to the fact the se back and lot s ze req
were increased significantly in 198 when Poway's eneral Plan and
Zoning Development Code were adopt, .
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 the construction of a residential unit in the
RS-4 zone and Rural Residential - C zone.
93-35
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 encourages the orderly and h
appearance of structures and property within the City, in that the
surrounding properties which are under the same zoning designations
as the subject lot are developed as single-family residences similar
to the proposed project.
1 Decision:
The City Council hereby approves Variance 93-10 and Minor Development
Review 93-35 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- 93-37
Page 3
The shall complete a boundary which involves
shifting the side property lines of the subject property 10 feet to
the south. This shall be accomplished prior to certification of
occupancy.
APPLICANT
WITH T
IONS:
OF PLANNING SERVICES REGARDING COMPLIANCE
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
of construction.
All new utilities shall be installed underground. Please contact SDG&E
Planning Division at 480-7617. Completion of undergrounding shall be
prior to issuance of a Certificate of Occupancy.
4. School impact fees shall be paid prior to issuance of building permits.
So
Water, sewer, and fire protection systems plans shall be designed and
] to meet req of City of Poway
6. Low flow plumbing fixtures are required in all new construction.
Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
8. This permit shall become null and void on July 27, lgg5 if building
permits have not been issued.
APPLICANT SHALL CONTACT THE DEPARTNENT OF ENGINEERING SERVICES REGARDING
COMP FOLLOWING CONDITIONS:
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
including concrete curb, gutter, and sidewalk). Permit shall be obtained
riot to star of work.
2. A sewer service fee of $3,466.00 shall be paid prior to building permit
W
].
(DITIONS:
Roof covering shall be fire retardant as per UBC Section 3203{e) and City
of Poway Ordinance No. #64.
Resolution No. P-g3-37
Page 4
Approved numbers or addresses shall be placed on the building in such a
position as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Address may
be required at private driveway.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of July lgg3.
ATTEST:
Narjorl~ ~. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
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-93-37
, was duly adopted by the City Council at a meeting of said City Council
held on the 27th day of 1993, and that it was so adopted
by the following vote:
AYES: CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT:
REPORT\VAR931
CAFAGNA, EMERY~ty~ ~ ~7~]~]~
~rJ°r~ ~ , Y
City o~way