Res P-93-38RESOLUTION NO. P-93-38
A RE L TION OF T CITY COUNCIL
OF T ITY OF P Y,
P OVING VA NCE 93-11
ASSESo R' PARCEL iBER 3]4-742-47
WHEREAS, Variance 93-11 submitted byCary and Leslie Sch aneke, ap licants,
requests approval for construction of a 155 square foot ad ition to single-
family home which will observe a street side yard setback o only six eet when
a ten foot setback is required at 14770 Laurelwood Street in he Rancho rbolitos
Planned Community {PC} 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 :
The City Council finds that Variance 93-11 is exempt from the p
f the California E 1 Quality Act, Categorical Exemption Class
and 3 as the project is the construction of an addition to a single-
amily dwelling {Class 3) and a minor alteration to land use l' '
Class 5).
Sec
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 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 act that the lot is
irregularly shaped with the front of the lo being much more narrow
then the rear. The irregular shape makes t difficult to site an
addition at the front of the lot which can o serve standard 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 155 square foot
addition onto an existing residence which is in keeping withsimilar
expansions to other residences found in the vicinity.
4. That granting the variance or its modification will not be
Resolution No. P-93-38
Page 2
materially 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 there is a grade separation between the subject lot and
the adjacent public right-of-way.
That he granting of this variance does not a speci 1
rivi ege with the l' ' upon other properties n
he v cinity and zone in that other for side yard setbac s
ave een granted for unusually shaped properties within the Ranc o
rbol tos Planned Community zone.
That the granting of this variance does not allow the use or
activit which is not otherwise expressly authorized by zoning
develop ent regulations governing the parcel or property in that the
propose project is the of an addition onto a
residen ial unit in the PC zone.
The City Council hereby approves Variance g3-11 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:
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.
Any xisting on-site utility poles shall be removed and all new utilities
shal be installed underground. Please contact SDG&E Planning Division at
480- 617. Completion of undergrounding shall be prior to issuance of a
Cert ficate of Occupancy.
Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of City of Poway
5. 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.
7. This permit shall become null and void on July 27, lgg5 if building
permits have not been issued.
SHALL CONTACT THE OF
COMPLIANCE #ITH THE FOLLO#ING CONDITZONS:
Resolution No. P-93-38
Page 3
SERVICES
The developer shall construct a retaining wall parallel to the addition
and five feet away from the foundation to provide access and positive
drainage away from the foundation.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of July 1993.
ATTEST:
Don Higginson, MaybJ[]
en, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wahlsten, City Clerk of the Ci y of Poway, do her.h
certify, under the penalty of perjury, that the forego ng Resolution, No. P- -38
, was duly adopted by the City Council at a meet ng of said City Counci
held on the 27~h day of 1993 an that it was so adopte
by the following vote:
AYES: CALLERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA, EMERY
REPORT\VAR9211.RES
Jori \K
City ~way
NO. P- 93-39
A RE L TION OF T CITY CO NCIL
OF T ITY OF PO Y, CALIF RNIA
P VING VAR ~'CE 93-]
ASSES° R' PARCEL ~ER 317- 71-]2
WHEREAS, Variance 93-12, submitted y Darin Pearce, applicant, requests
approval of a variance for a six foot eigh inch wall with a six foot
chain link fence above to be located at I 240 Tarascan ~rive where a six foot
total height is the maximum permitted in t e RS-7 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,
the City Council does hereby resolve as follows:
This project is lly exempt under the of CEQA (Class
5) because it is a minor alteration in land use limitations.
The proposed project is with the general plan; in that it
is an accessory for a single-family home in an area
designated for single family residential use.
There are s ecial circumstances applicable to the property (size,
shape, topo raphy, location or surroundings), or the intended use of
the proper ', and because of this, the strict application of the
Zoning Ord ance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classif'
The unusual include the six foot grade difference
between the building pad and adjoining lot to the south. The slope
deprives the property owner full use of the required rear yard area.
Approval of the variance will increase the usable yard area and
provide a more effective buffer between the ' 1 and
residential uses.
Granting the or its modification, is for the
preservation and of a substantial property right possessed
by other property in the same vicinity and zone and denied to the
property for which the variance is sought in that the retaining wall
and fence are necessary to provide a usable rear yard area and
security for the existing swimming pool.
Granting the 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