Res P-94-61NO. P-94-61
A OF THE CITY COUNCIL
OF T E CITY OF POWAY, CALIFORNIA
DPROVING VARIANCE 94-12
ASSES 'R'S PARCEL NUMBER 314-133-22
WHEREAS, Variance 94-12 submitted by Robert Kuta, applicant, requests
approval to allow the construction of a storage shed within the required five
foot side yard setback. The property is located at 13820 Pomerado Road, in the
RS-7 zone; and
WHEREAS, on December 13, 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:
The City Council finds that Variance 94-12 is exempt under the
of the California E 1 Quality Act, 1
5, a minor alteration to land use l'
Class
The proposed project is t with the general plan in that it
proposes the of an building for storage,
serving a residence on a site which is designated for residential
uses.
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 are that th property slopes from rear to
front, west to east at approximately 1 to ]8 percent gradient. The
lot is terraced to allow for the sit ng of the house, garage and
parking area, but there is very litt e usable yard area. Nearly
half of the back yard is occupied by a covered patio. The rest is
sloping.
The 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 site the storage building
in a part of the rear yard, taking advantage of a sloping
area which could otherwise not be used.
Resolution No. P-94-61
Page 2
That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, nor
injurious to the property or improvements in such a vicinity and
zone in which the property is located, in that a long standing
drainage problem pertaining to this lot, and the neighboring lot to
the south will be improved as a result of completion of this
project.
That the granting of this variance does not a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in that, other lots in the immediate area have
more usable yard area.
That the granting of this variance does not allow a use or activity
which is not by the zoning
development ..the parcel or property in that the
proposed project is the of an to a
residence in the Residential Single-Family 7 zone.
The City Council hereby approves Variance 94-12 subject to the following
conditions:
Within 30 days of approval (1) the applicant shall submit in writing that
all of approval have been read and J; and (2) the
property owner shall e×ecute a Covenant on Real Property.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
COMPLIANCE SHALL BE
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file
in the Planning Services D and the conditions contained herein.
Revised site plans and building all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
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
The exterior of the building shall be covered with materials which are
arch' ly compatible with that of the main house.
The metal lean-to which
garage shall be removed,
condition.
is presently attached to the south side of the
and the garage shall be restored to its original
Resolution No. P-94-61
Page 3
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 '
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of December, 1994.
ATTEST:
Don Higginson, May~P ~
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-94-61 , was duly adopted by the City Council at a meeting of said City Council
he 13th day of December , 1994, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON
en, City C
city f. way