Res P-94-06RESOLUTION NO. P- 94-06
A RE L TION OF T CITY C UNCIL
OF T ITY OF PO Y, CALI ORNIA
D VING VAR NCE 93- 2
ASSES ~' PARCEL ' ]BER 27 -400-03
WHEREAS, Variance 93-22 submitted by Ric and Barbara Dudeck, applicants,
requests approval of a 6.4 foot encroachment into the required 20 foot minimum
side yard setback for a recently constructed room addition, for the property
located at ]2859 Luiseno Drive, in the RR-C (Rural Residential C) zone; and
WHEREAS, on January 25, ]994, 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 Variance 93-22 is exempt from the p of the
California E tal 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 alteration to land use l' (Class 5).
Se
The proposed project is with the general plan in that it is the
addition of new living space to an existing single-family home on a site
which is designated for a residential land use.
That there are special circumstances 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 house was constructed more than twenty years ago under less stringent
zoning setback requirements. At the time of construction minimum side
yard setbacks were ten (10) feet.
That granting the variance or its modification is for the
p and enjoyment of a substantial property r ght possessed by
other property in the same vicinity and zoning for whic he vari nce is
sought. The v riance will legalize a recently construc e room a dition
which expands he master bedroom area in a direction whic is a ogical
expansion of t e floor plan of the house, in keeping wit the s ze and
shape of the o her homes in the immediate neighborhood.
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 imp in such vicinity and zone in which the property
is located.
Resolution No. P-94-06
Page 2
That the granting of this variance does not constitute a special pri'ilege
inconsistent with the limitation upon other properties in the vicini y and
zone in that the property is located in an area where many of the ex sting
homes do not observe the minimum side yard setback due to the fac that
the setback and lot size requirements were increased significantly in 1983
when Poway's General Plan and Zoning Development Code were adopted.
o
That the granting of this variance does not allow the use or activit
whic' is not otherwise expressly authorized by zoning developmen
regu ations governing the parcel or property in that the proposed projec
is t e of an addition to a residential unit in a Rura
Resi ential C zone.
Section 3: Cit ion:
The City Council hereby approves Variance 93-22 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.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit '
o
Each chimney used in
with a spark arrester.
with any fireplace shall be ~
This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
Resolution No. P-94-06
Page 3
APPROVED and ADOPTED by the City CoUncil of the City of Poway, State of
California, this 25th day of January, 1994.
ATTEST:
gg~n ~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wahlsten, Cit Clerk of the City of Poway, do hereby
certify, under the penalty of per ury, that the foregoing Resolution, No.
P-94-06 , was duly adopted by the Ci y Council at a meeting of said City Council
:he 25th day of January, 994, and that it was so adopted by the
following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
City d~way