Res P-93-43RESOLUTION NO. P-93-43
A OF CITY C UNCIL
OF T TTY OF P Y,
o VING VA CE 93- 9
ASSES ~' PARCEL BER 27 -720-34
WHEREAS, Variance 93-09 submitted by Martin Hall, applicant, requests a
variance approval to allow a swimming pool to observe a five and one-half foot
street side yard setback when a 20 foot setback is required at 16269 Rostrata
Hill Road within the RR-C zone; and
WHEREAS, on August 31, 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 Variance 93-0g is exempt from the p
of the California E 1 Quality Act, 1 Exemption Class
5 as the project is a minor alteration to land use'l' ' {Class 5).
Variance 93-09
The proposed project is consistent with the general plan in that it
proposes the construction of a swimming pool which is permitted as
an accessory use 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 include the fact that the lot is
substandard in size. The small size of the lot makes it difficult
to site the pool so that it will observe the standard setback of the
zone.
That granting the variance or its modification is 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 swimming pool
on subject property. The proposed development is consistent with
how other property in the area has been developed.
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.
Resolution No. P-93-43
Page 2
The proposed will not have a negative impact due to the
fact that Rostrata Hill oad is a private road and services only a
few lots beyond the sub ect site. In addition the swimming pool
observes a 20 foot setba k from the paved portion of the road.
That he granting of this variance does not constitute a special
rivi ege inconsistent with the limitation upon other properties in
he v cinity and zone in that other for side yard setbacks
ave een granted for substandard sized properties within the Green
alley Highlands area.
o
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 swimming pool, which is an
allowed accessory use in a residential zoned property.
Council Decision:
The City Council hereby approves Variance 93-09 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 DEPARTNENT OF PLANNING SERVICES REGARDING COHPLIANCE
WITH THE FOLLOWING CONDITIONS:
The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services D
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.
Water and sewer, systems plans shall be designed and constructed to meet
requirements of City of Poway
The appropriate building department approval shall be obtained prior to
the construction of the pool
This permit shall become null and void on August 31, 1995 if building
permits have not been issued.
6. The mesh screen shall be removed from the existing chain link fence by
September 30, 1993.
Resolution No. P-93-43
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of August 1993.
ATTEST:
Marjorie~ , Y .
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
Don Higginson, ~
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-93-4~ was duly adopted by the City Council at a meeting of said City Council
held on the 31st day of 1993 and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NONE
NONE
NONE
REPORT\VAR9309.RES
Marjorle~< :en, City Clerk
City of~way