Res P-95-08A
OF T
ASSESS
RESOLUTION NO. P- 95-08
OF TH CITY COUNCIL
CITY OF POW Y, CALIFORNIA
PROVING VARI NCE 94-14
'S PARCEL NU BER 275-353-01
WHER AS, Variance 94-14 submitted by Robert Maus, applicant, request a
variance o relocate a 170 square foot detached s orage building on e
residentia property located at 16121 Del Norte, whic is located within e
Rural Resi oqtial C (RR-C) zone. A variance approval s required to allow e
storage bui~uing to encroach 10 feet into the required 2 foot side yard setbac ;
and
WHEREAS, on January 31, 1995, 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 :
The City Council finds that Variance 94-14 is exempt from the p
of the California E tal Quality Act, Categorical Exemption Class
5, a minor alteration to land use limitations.
The approved project is consistent with the General Plan in that it
involves relocation of a detached storage building at a single-
family residence on a site which is designated for residential use.
That there are special circumstances applicable to the property, and
because of this, the strict application of the Zoning Ordinance
deprives the property of privileges enjoyed by other properties in
the vicinity under identical zoning classification.
The special circumsta ces include the fact that the lot is
substandard in size for he RR-C zone. The net area of the subject
lot is approximately 24, O0 square feet which is roughly half of the
minimum size for lots w thin the zone.
The approved of the new storage building is the best
location considering current use of the property and is
with the planned additions to the property.
That granting 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.
4. That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
Resolution No. P-95-08
Page 2
injurious to the property or improvements in such vicinity and zone
in which the property is located.
That the ~ranti~g of this variance does not a special
privilege t with the limitation upon other properties in
the vicinity and zone in that the property is located in an older
neighborhood in which many of the existing buildings were built
under the county's setback req of 10 feet.
o
That the grantin of this variance does not allow the use or
activity which i not otherwise expressly authorized by zoning
development regula ions governing the parcel or property in that the
proposed project s a detached storage building for a residence in
the Rural Residen ial C (RR-C) zone.
Sect Council Decision:
The City Council hereby approves Variance 94-14 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 THi
,LLOWING CONDITIONS:
OF PLANNING SERVICES REGARDING C
1. The applicant shall plant shrubs inside the wall to provide of
the storage building from the street.
A building permit shall be obtained for placement of the existing building
at a new location on the site.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 31st day of January, 1995.
~san Callery, Deputy
ATTEST:
Wahlsten, City Clerk
Resolution No. P-95-08
Page 3
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-95-08
, was duly adopted by the City Council at a meeting of said City Council
held on the 31 day of 1995, and that it was so adopted by
the following vote:
AYES:
CAFAGNA, CALLERY, EMERY, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT:
HIGGINSON~/~ _
Marjori~O~--~.-
city of gy
, ty Clerk