Res P-94-55RESOLUTION NO. P- 94-55
A RE U TION OF TH CITY C UNCIL
OF T ITY OF POW Y, CALI ORNIA
VARI NCE 94- 8
PARCEL NU BER ,
WHEREAS, Variance 94-08 by Greg Agee, Applicant, requests a
variance approval to allow a proposed 750 square foot addition to observe a ]5
foot rear yard setback while the zone requires a 25 foot setback and a request
to allow a front entry porch to observe a 2] foot front yard setback when the
minimum setback for a porch in the zone is 36 fee, and
WHEREAS, the lot abuts the sideyard of the property to the north and the
house on that lot is setback only 10 feet from the property line, and
WHEREAS, the property is located at 13338 Arroyo Vista Road within the
Rural Residential - C zone which requires a minimum lot of one acre while the
subject property is only 0.71 acres in size; and
WHEREAS, on November ]5, 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 City Council finds that Variance 94-08 is exempt from the p
of the California E 1 Quality Act, 1 Exemption Class
5 and 1, as the project is the o~ an addition onto an
existing dwelling (Class ]) and a minor alteration to land use 1
(Class 5).
The proposed project is consistent with the General Plan in that it
proposes the construction of a porch and an addition onto a single
family residence on a property 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 in
the vicinity under iden ical zoning classification.
The special are the fact that the lot is substandard
in total area and the of the existing house on the lot.
These ' ts limit the applicant's ability to make modest
additions to the residence which meet standard setback ts.
That granting of the variance or its modification is
for the and 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 increase the area of the
subject dwelling to approximately 3]90 square feet which is in
keeping with the size of other residences found in the vicinity.
No. P-94-55
Page 2
That granting the variance or its will not be
materially 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 in that the minimum distance that
will be observed between the subject building and the neighboring
house to the north will be comparable to distances observed by other
residences in the area and with the same zoning.
That the granting of this variance does not a special
privilege ' with the 1 upon other in
the vicinity and zone in that other for setbacks have been
granted in the Green Valley area where many existing homes do not
observe the standard front and side yard setback due to the fact
that setback, lot, size and dimension req were increased
significantly in 1983 when Poway's first Zoning Ordinance was
adopted.
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 governing ~he parcel or property in that the
proposed project is the of an addition and porch onto
an existing residence in the Rural Residential-C zone.
Sectic
The City Council hereby approves Variance 94-08 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 room addition shall observe a setback of at least 17' from the
northern property line. The fireplace may extend 2.5 feet into the
setback area.
Revised site plans and building elevations ' § all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits. The site shall be developed in accordance
with the approved site plan and elevations on file in the Planning
Services D
3. The Building
of
approvals shall be received prior to
Water, sewer, and fire p systems plans shall be designed and
constructed to meet requirements of City of Poway.
5. Low flow plumbing fixtures are required in all new construction.
6. Self-g water softeners are prohibited in accordance with Chapter
13.04 of the Municipal Code.
-- Resolution No. P-94-55
Page 3
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 necessary approvals
from the City.
AP) r THE
WITH THE FOLLOWING CONDITIONS:
OF SAFETY SERVICES
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 Higgins~ , t~3~1
ATTEST:
MaYjorl~_~ eh, City Clerk
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-94-55
, was duly adopted by the City Council at a meeting of said City Council
held on the 15th 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
jor~e~< llsten, City Clerk
City or. way