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Res P-93-58RESOLUTION NO. P-93-58 A OF TH CIT' COUNCIL OF THE C TY OF POW v C LIFORNIA APPRO TNG VAR' ,~E g -18 ASSESSOR'S ,,RCEL ' BER 14-682-03 WH REAS, Variance g3-18 submitted by Jamie and Theresa Ahrensberg, applican s, requests approval for of a 640 square foot addition to the resi ence located at 14903 La Manda Drive. The residence will observe a side yard set ack of only 16 feet when a 20 foot setback is required in the RR-C zone; an WHEREAS, on November g, lg93, 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: : The City Council finds that Vari nce 93-18 is exempt from the p f the California E tal uality Act, Categorical Exemption C ass and 3, as the project is the of an addition to an exis ing welling {Class 3) and a minor a teration to land use limitations (C ass ). Variance 93-18 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 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 substandard in shape. This fact, in combination with the unusual angle of the lot's boundaries, limits the applicant's ability to design an addition which meets standard setback req That granting the variance or its modification is for the p and 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 640 square foot addition which is in keeping with the size of other residences found in the vicinity. -- Resolution No. P-93-58 Page 2 That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare, or to the property or in such vicinity and zone in which the property is located. o That the granting of this variance does not constitute a special privilege with the 1 upon other properties in the vicinity and zone in that the roperty is located in an area where many of the existing homes d not observe the minimum side yard setback due to the fact the se back and lot size requirements were increased significantly in 198 when Poway's General Plan and Zoning Development Code were adopte . 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. Section 3 : The City Council hereby approves Variance 93-18 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 TI WITH THE F IG SERVICES 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 initiation of construction. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway. 4. 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. o This permit shall become null and void on November 9, 1995 if building permits have not been issued. Resolution No. P-93-58 Page 3 APPLICANT SHALL CONTACT THE DEPARTHENT OF SERVICES COHPLIANCE ~ IG 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. WITH THE FOLLOWING CONDITIONS: 1. 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 9th day of November 1993. Don Higginson, ATTEST: Marjor~_~ :en, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) 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-93-58 , was duly adopted by the City Council at a meeting of said City Council held on the 9th day of November 1993, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: EMERY flsten, City Clerk Y