Res P-94-47A
OF T
ASSESS
NO. p-94-47
OF THE CITY COUNCIL
CITY OF POWAY, CALIFORNIA
PROVING VARIANCE 94-04
'S PARCEL NUMBER 275-390-16
WHEREAS, Variance 94-04 submitted by Gerald and Mary Huston, applicants,
requests approval for of a 750 square foot addition onto the
located at 16138 Bennye Lee Drive. The addition will observe a rear
yard setback of 8.5 feet when 25 foot setbacks are required for attached
additions in the RR-C zone; and
WHEREAS, on 6, 1994, the City Council held a duly
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 City Council finds that Variance 94-04 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 onto an
existing dwelling (Class 3) and a minor alteration to land use 1'
(Class 5).
The proposed project is with the General Plan in that it
proposes the 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 include the fact that the lot is
substandard in size. This fact, in combination with the location of
the house on the lot, limits the applicant's ability to design an
addition which meets standard rear yard setback requirements.
That granting the variance or its modification is for the
p 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 750 square foot
addition which is in keeping with the size of other residences found
in the vicinity.
No. P-94-47
Page 2
o
That granting the variance or its modification will not be
materially d 1 to the public health, safety, or welfare, or
to the property or in such vicinity and zone
in which the property is located.
That the granting of this variance does not a special
privilege ' with the l' 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 or
rear yard setbacks due to the fact the setback and lot size
were increased significantly in 1983 when Poway's
General Plan and Zoning Development Code were adopted.
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 residence
in the Rural Residential - C zone.
The City Council hereby approves Variance 94-04 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 Building
initiation of construction.
approvals shall be received prior to
3. Water, sewer, and fire systems plans shall be designed and
~ to meet req of City of Poway
4. Low flow plumbing fixtures are required in all new
Self . water softeners are
13.04 of the Municipal Code.
in accordance with Chapter
This permit shall become null and void on September 6, 1996, if building
permits have not been issued.
7. The design of the proposed addition shall be consistent with the
architectural style of the existing house.
APPLICANT SHALL CONTACT THE DEPARTMENT
COMPLIANCE WITH THE CONDITIONS:
No. P-94-47
Page 3
OF ENGINEERING SERVICES REGARDING
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 Fight-or'way or any
City-held
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Roof covering shall be fire
Poway Ordinance No. 64.
as per UBC Section 3203(e) and City of
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 6th day of September, 1994.
Don Higginso , ~
ATTEST:
Marjori~.~Wahlsten, City Clerk
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
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-94-47
__, was duly adopted by the City Council at a meeting of said City Council
held on the 6th 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
jo~e~K ahlsten, City Clerk
City.way