Res P-94-01RESOLUTION NO. P-94-01
A OF TH CIT' C UNCIL
OF T CIT' OF POW" C LI ORNIA
A ROVI G VARI E 9 - 0
ASSESS 'S P RCEL N ,~ER I -650-17
WHEREAS, V fiance 93-20 submitted b Curt and Cathy Pare' applicants,
requests appro'a for the of existing 2 1/2 car garage into a
family room an t e of a new 4 0 square foot garage addition to the
residence loca e at 14872 Budwin Lane. he residence will observe side yard
setbacks of on y 10 feet when 20 foot setbacks are required in the RR-C zone;
and
WHEREAS, on January 4, 1994, 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 Findi
The City Council finds that Variance 93-20 is exempt from the p
f the California E 1 Quality Act, Categorical Exemption C asses
and 3, as the project is the construction of an addition to an ex sting
welling (Class 3) and a minor alteration to land use limitations Class
).
Variance 93-20
The proposed project is consistent 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 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 nclude the fact that the pad is
surr unded by fill slopes on he northern and western sides and by
a cu slope on the eastern si e. This fact limits the applicant's
abil ty to design an addi ion which meets standard setback
requ rements.
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.
Resolution No. p-94-01
Page 2
The variance will allow the applicant to convert an existing 2 1/2
car garage into a family room and a 400 square foot garage
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 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.
That the granting of this variance does not constitute a special
privilege ' t with the limitation 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 construction of an addition to a
residential unit in the Rural Residential - C zone.
Section 3: Cit :
The City Council hereby approves Variance 93-20 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
initiation of construction.
o
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.
-- Resolution No. P-94-01
Page 3
Self-generation water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
6. This permit shall become null and void on January 4, 1996 if building
permits have not been issued.
APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEI IG
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A right-of-way permit shall be obtained from the City's E ~
Services Department for any work to be done within the public street
right-of-way or any City-held easement.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
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 4th day of January, 1994.
Don Higginson, May~
ATTEST:
Resolution No. P-94-01
Page 4
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-94-01
, was duly adopted by the City Council at a meeting of said City Council
held on the 4th day of 1994, and that it was so adopted by
the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marj(~ ~
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City or. way
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