Res P-94-54RESOLUTION NO. P-94-54
A RE OL TION OF TH CITY C UNCIL
OF T E ITY OF POW Y, CALI ORNIA
VARI NCE 94- 7
PARCEL NU BER
WHEREAS, Variance 94-07 submitted by Stephen and Susan Luckham, applicants,
requests approval to allow a two story detached garage/guest house to be built
on a property with an existing single story residence. The property is located
at 15032 Eastvale Road within the High Valley Rural Residential B zone.
WHEREAS, on November 15, 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:
Section 1: 1 F :
The City Council finds that Variance 94-07 is exempt from the
of the California E 1 Quality Act, Categorical Exemption Class
5 and l, as the project is the construction of an addition onto an
existing dwelling (Class 1) and a minor to land use 1
(Class 5).
Section 2: Find"
The proposed project is t with the General Plan in that it
proposes the of a detached garage/guest house 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 is that the property is moderately sloping
so the project has been designed as a two story to
minimize the building footprint and therefore the amount of
disturbance to the hillside.
°
That granting the variance or its modification is for the
p and of a substantial property right possessed
by other property i~ the same vicinity and zoning for which the
variance is sought.
The variance will allow the applicant to a 21 foot high
two story detached garage/guest house 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.
Resolution No. P-94-54
Page 2
o
That the granting of this variance does not constitute a special
privilege inconsistent with the limitation upon other properties in
the vicinity and zone in that the property is located in a rural
area where many of the have been developed with
structures like barns which exceed the height of the primary
residence.
o
That the granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
development regulations the parcel or property in that the
proposed project is the of an to a
residence in the Rural Residential-B zone.
Section 3: C :ision:
The City Council hereby approves Variance 94-07 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 in with the approved site plan and
elevations on file in the Planning Services Department.
°
The appropriate Building Department approvals shall be received prior to · ' of
Water, sewer, and fire p systems plans shall be designed and
constructed to meet requirements of City of Poway.
4. Low flow plumbing fixtures are required in all new
o
Self-g water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
This permit shall become null and void on November 15, 1996, if building
permits have not been issued.
The guest house shall never be rented or leased and kitchen facilities
shall not be installed without first receiving the approvals
from the City.
Resolution No. P-94-54
Page 3
APPLICANT SHALL CONTACT THE
WITH THE FOLLOWING CONDITIONS:
OF SAFETY SERVICES REGARDING COMPLIANCE
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 15th day of November, 1994.
Don Higginson, lq o~(g~
ATTEST:
MarjorO~.
Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do ~eEe~y~.
certify, under the penalty of perjury, that the foregoing Resolution No. ~-~-b~
, was duly adopted by the City Council at a meeting of said City Council
held on the 15th day of Novemb~ 1994, and that it was so adopted by
the following vote:
AYES:
CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Ma jort ~K. Wahlsten, City Clerk
City o~way