Res P-94-07RESOLUTION NO. P-94-07
A RE L TI N OF T
OF T IT OF PO
P OV NG VAR
ASSES~ R' ARCEL]
CITY C UNCIL
Y, CALI ORNIA
NCE 93- 3
'BER 27 -442-20
WHEREAS, Variance 93-23 submitted by Kent Deines, applicant, requests a
variance from the required front yard setback of 40 feet, to permit the
of a 728 square foot guest/pool house at 13992 Dodder Court, in the
RR-C zone; and
WHEREAS, on January 25, 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 :
The City Council finds that Varianc 93- 3 is exempt from the
of the California E tal Qua ity ct, Categorical Exemption Class
5 and 3, as the project is the cons ruct on of an structure to
a residence, and requires a minor a tera ion to land use 1'
The proposed project is consistent with the general plan in that it
a residential accessory structure 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 in
the vicinity under iden ical zoning classification.
The special circumstances include the fact that the lot is irregular
both in shape and topography. It is irregular in shape because it
is located at the end of a cul-de-sac. This limits the applicant's
ability to site the guest house in a portion of the property which
meets building setbacks.
That granting the variance or its modification is necessary 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 a low profile
building which is designed to fit the existing contours and which is
logically situated in relation to the main house, pool and patio
area.
Resolution No. P-94-07
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 imp in such vicinity and zone
in which the property is located.
That the granting of thi variance does not constitute a special
privilege ' wi h the l' ' upon other in
the vicinity and zone in t at the main house projects into the front
yard setback because f t e same general physical constraints. In
addition, there are o her homes in the same subdivision located on
Oakstand Road and Yel owthroat Road which also encroach which were
set forward on the lo when originally developed.
That the granting of this variance does not allow a 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 building to a
residential unit in a rural residential zone.
Section 3: Cit
The City Council hereby approves Variance 93-23 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. COMPLIANCE SHALL BE
APPROVED BY THE OEPARTNENT OF PLANNING SERVICES.
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.
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 '
o
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
4. All exterior materials and finishes shall match those of the main house.
5. School fees shall be paid prior to issuance of building permits.
Resolution No. P-94-07
Page 3
This approval shall become null
issued for this project within
approval.
and void if building permits are not
two years from the date of project
COHPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTHENT OF SAFETY SERVICES.
COHPLIANCE SHALL BE
Roof covering shall meet Class A fire retardant testing as specified in
the Uniform Building Standards No. 32-7 for fire retardant roof covering
materials, per City of Poway Ordinance No. 64.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 25th day of January, 1994.
ggln.' '~
ATTEST:
· Wahl s
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
I, Marjorie K. Wahlsten, Cit Clerk of the City of Poway, do hereby
ce tify, under the penalty of per ury, that the foregoing Resolution, No.
P- 4-07 , 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
f owing vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City of~_~bway