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Res P-95-16RESOLUTION NO. P-95-16 A F T E CIT' C N IL OF T CI ¥ 0 AY, C I R IA RE NDI G E TION -0 DENYING CONDITI AL U E E M 94-1 D ARIANCE 94-]0 AR E ,UMBER WHEREAS, Conditional Use Permit 94-17 and Variance 94-]0, submitted by Ric and Barbara DuDeck, applicants, request the approval to legalize an accessory apartment, and place a carport serving as the additional required covered parking space to serve the unit on the property located at 12859 Luiseno Drive, in the RR-C zone; and WHEREAS, the placement of the covered parking space requires the granting of a side yard setback and WHEREAS, the City Council has read and considered the staff report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 2: : The project will have n adverse aesthetic and architecturally related impact upon adjo ning properties, in that carports are not commonly found in the sub ect neighborhood, and which neighbors have emphasized in their publ c That the project does not encourage the orderly and h a pearance of structures and property within the City, in that he would be placed within a side yard setback, situa ed c ose to the side property line than the preponderance of ot er s ruc ures in the immediate surroundings, and would be attached to an ex sting two-car garage, facing the street, thereby being highly visib e to the street. That granting of the variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning for which the variance is sought, in that there are no other carports which have been placed within the required setbacks. That the granting of this variance does constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and zone in that, there are no other carports located within the setbacks, nor any other legal second living units in the immediate area. o That the project is not consistent with the Zoning Ordinance, since the carport cannot be constructed without a therefore the required covered parking space for the second living unit cannot be provided as required by Chapter 17.08 190.C of the Poway Municipal Code. Resolution No. P-95-16 Page 2 Section 3: Cit ' ' The City Council hereby rescinds Resolution P-95-02 and denies Conditional Use Permit 94-17 and Variance 94-10. DENIED and ADOPTED by the City Council of the City of Poway, California, this 14th day of March, ]995. Don Higgins ATTEST: State of Wahlst~ 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-95-16 , was duly adopted by the City Council at a meeting of said City Council he 14th day of March , 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY, REXFORD, HIGGINSON NOES: NONE ABSTAIN: NONE ABSENT: NONE ,orqe ~. Wahls' y City o~P~ay