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Res P-94-24 A RES LUT ON OF T OF TH CI Y OF PO APPROVING VARIANCE 4-0 AND MI ARCEL NO. P-94-24 CITY C UNCIL Y, CALI ORNIA R DEVr) MENT REVIEW 94-16 BER 2 732-03 HEREAS, Variance 94-02 and Minor Development Review 94-16, submitted by Peter rth, applicant, requests approval for the of a 1,065 square foot a dition to their residence located at 15841 Lime Grove Road. The residence will o serve side yard setbacks of only 10 feet when 20 foot setbacks are required in the RR-C zone; and WHEREAS, on May 10, 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: The Cit' Council finds that Variance 94-02/ Minor Development Review 94-16 is exe t from the of the California E 1 Quality Act, Categor cal Exemption Classes 5 and 3, as the project is the construction of an a dition to an existing dwelling (Class 3) and a minor alteration to land use 1' (Class 5). Variance 93-20 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 spe ial include the fact that the subject lot slopes own to the street and as such the most level portion of the parcel s located directly adjacent to the pad. This fact limits the app icant's ability to design an addition which meets standard setback requirements. That granting the variance or its modification is necessary 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. Resolution No. P-94-24 Page 2 Minc 1. The variance will allow the to add an additional 1,065 square feet of living space onto the residence, bringing the residential square footage up to 3,003 square feet, which is in keeping with other residences in the area. That granting the variance or its modification will not be materially d 1 to the public health, safety or welfare, or injuri s to the property or improvements in such vicinity and zone in wh h the property is located, in that it will be built with an historically accepted minimum side yard setback for wh ch there are examples in the ' neighborhood. That the g~antin~ of this variance does not a special privilege with the 1' upon other properties in the vicinity and zone in that the property is located in an area where many of the existing homes do not observe the minimum side yard setback due to the fact that several homes in the area have been granted setback in the past. 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. )ment Review 94-16 That the proposed project is in conformance with the Poway General Plan in that the proposed use is single family residential. That the proposed project will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties, in that the roof lines, method, building materials and elevations will be compatible with the existing home as well as with surrounding properties. That the proposed project is in compliance with the Zoning Ordinance, in that with the granting of the variance it complies with the property development standards of the RR-C zone. That the proposed project encourages the orderly and h appearance of and property within the City, in that three other properties on Lime Grove Road have received similar from the required minimum side yard setback. Resolution No. p-94-24 Page 3 The City Council hereby approves Variance 94-02 and Minor Development Review 94-16, subject to the following conditions: Within 30 days of approval: (1) the 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 Building initiation of construction. shall be received prior to 3. Water, sewer, and fire systems plans shall be designed and J to meet of the City of Poway. 4. Low flow plumbing fixtures are required in all new construction. o Self-generating water softeners are prohibited in accordance with Chapter 13.04 of the Municipal Code. o This permit shall become null and void on May 10, 1996 if building permits have not been issued. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING 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 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, California, this lOth day of May, 1994. ATTEST: State of Resolution No. P-94-24 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-94-24 , was duly adopted by the City Council at a meeting of said City Council held on the 10%h day of Ma 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE City ok[~bw ay