Res P-93-53RESOLUTION NO. P-93-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 93-16
ASSESSOR'S PARCEL NUMBER 2
WHEREAS, Variance 93-16 submitted by Ken and Michelle Schreiner,
applicants, requests approval for of a 352.9 square foot addition to the
residence located at 13370 Fallen Leaf Road. The residence will observe side yard
setbacks of only 10.6 feet when 20 foot setbacks are required in the RR-C zone; and
WHEREAS, on October 26, 1993, the City Council held a duly advertised public
hearing to solicit 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 93-16 is exempt from the p ' ' F the
California E i Quality Act, Categorical Exemption Class 5 and 3, as
the project is the of an addition to an existing dwelling (Class 3)
and a minor to land use I (Class 5).
Secti :
Var
The proposed project is with the General Plan in that it
proposes the construction of an addition to a single-family residence on
a site which is designated for residential use.
That there are special applicable to the property, and
because of this, the strict application of the Zoning Ordinance deprives
the property of privileges enjoyed by other properties in the vicinity under
identical zoning classification.
The special include the fact that the lot is substandard in
shape. This fact, in comb ~ the encumbrance of the leach field
on the lower portion of the lot, limits the applicant's ability to design an
addition which meets standard setback req
That granting the variance or its modification is necessary for the
p ~1 enjoyment of a substantial property right possessed by
Resolution No. P-93-53
Page 2
other p
sought.
the same vicinity and zoning for which the variance is
The variance will allow the applicant to a 352.9 square foot
addition which is in keeping with the size of other residences found in
the vicinity.
That granting the variance or its modification will not be materially
d I to the public health, safety, or welfare, or injurious to the
property or imp ~ vicinity and ~ich the property
is located.
That the granting of this variance does a special privilege
~ the limitation upon other properties in the vicinity and
zone in that the property is located ' ~ere many of the existing
homes do not observe th ' ' 'rle yard setback due to the fact the
setback and lot size req were increased significantly in 1983
when Poway's General Plan and Zoning Development Code were
adopted.
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 of an addition to a residential unit in the Rural
Residential ~ C zone.
The City Council hereby approves Variance 93-16 subject to the following
conditions:
1. 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.
REGARD
1. The site shall be developed in accordance with the approved site plan and
on file in the Planning Services Department.
2. The appropriate Building Department approvals shall be received prior to
Resolution No. P-93-53
Page 3
initiation of construction.
3. Water, sewer, and fire
:1 to meet req
systems plans shall be designed and
of City of Poway
4. Low flow plumbing fixtures are required in all new
Self-g water
13.04 of the Municipal Code.
are prohibited in accordance with Chapter
This permit shall b
have not been issued.
I and void on October 26, 1995 if building permits
AP
REGARDING COMPLIANCE WITH THE F
A right-of-way permit shall be obtained from the City's Engineering Services
for any work to be done within the public street right-of-way or
any City-held
APPLI{
REGAF
MENT ~ :ETY :
:
Roof covering shall be fire retardant as per UBC Section 3203(e) and City of
Poway Ordinance No. #64.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 26th day of October, 1993.
Don Higginson, Ma~~
ATTEST:
ahlsten, City Clerk
STATE OF CALIFORNIA )
) SS,
COUNTY OF SAN DIEGO )
Resolution No. P-93-53
Page 4
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. was duly
adopted by the City Council at a meeting of said City Council held on the 26th day
of October 1993, and that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
Marjori~ K~ Wahlsten, City Clerk
Cityof o~/vay