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