Res P-95-30RESOLUTION NO. P- 95-30
A OF TH CITY COUNCIL
OF T IT' OF POW Y, CALIFORNIA
P OV NG VARI NCE 95-01
ASSESS ' P RCEL NU BER 316-062-16
WHEREAS, Variance 95-01 submitted by George Montello, Applica t, Albert P.
Cruz, Owner, requests approval for construction of a 319 square oot addition
onto the residence located at 11875 Poway Road. The addition will o serve a side
yard setback of 12 feet when 20 foot setbacks are required for attac ed additions
in the RR-C zone; and
WHEREAS, on May 23, lg95, the City Council held a duly advertised public
hearing to solicit con~nents from the public, both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Secti¢ :
The City Council finds that Variance 95-01 is exempt from the p
of the California E tal Quality Act, Categorical Exemption Class
5 and 3, as the project is the construction of an addition onto an
existing dwelling (Class 3) and a minor alteration to land use limitations
(Class 5).
Sec :
The approved project is consistent with the General Plan in that it
proposes the of an addition to a single-family
residence on a site which is designated for residential use.
That there are speci 1 c rcumstances applicable to the property, and
because of this, t e s rict application of the Zoning Ordinance
deprives the proper y o privileges enjoyed by other properties in
the vicinity under den ical zoning classification.
The special circumstances include the act that the ar half of the
lot is located within the floodway an thus can not e utilized for
any improvements. This fact, in com ination with he location of
the house on the lot, limits the app icant's abili y to design an
addition which meets standard side yard setback requirements.
That granting the variance or its modification is 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.
The variance will allow the applicant to construct a 31g square foot
addition which is in keeping with the size of other residences found
in the vicinity.
Resolution No. P-95-30
Page 2
That granting the v riance or its modification will not be
materially detrimental o the public health, safety, or welfare, or
injurious to the proper y or in such vicinity and zone
in which the property s located.
That the granting of this variance does not constitute a special
privilege ' with the l' upon other properties in
the vicinity and zone in that the property is located in an area
where many of the existing homes do not observe the minimum side or
rear yard setbacks due to the fact the setback and lot size
requirements were increased significantly in 1983 when Poway's
General Plan and Zoning Development Code were adopted.
That the grantin
activit' which i
develo, nt regula
propose project
in the ural Resi
of this variance does not allow the use or
not otherwise expressly authorized by zoning
ions . the parcel or property in that the
s the of an addition to a residence
ential - C zone.
Section 3: Cit Council
The City Council hereby approves Variance 95-01 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 CON'
WITH THE FOLLOWING CONDITIONS:
HPLIANCE
The site shall be developed in accordance with the approved site plan and
elevations on file in the Planning Services Department.
The appropriate Building Department approvals shall be received prior to
initiation of construction.
3. This permit shall become null and void on May 23, 1997, if building
permits have not been issued.
ENGINEERING SERVICES REGARDING
ONDITIONS:
A right-of-way permit shall be obtained from the City's Engineering
Services Department for any work to be done within the public street
right- f-way or any City-held easement. Said work shall include, but is
ot 1 mited to, construction of driveway approach, sewer lateral
nstal ation, water service line installation, street construction
inclu lng concrete curb, gutter, and sidewalk). Permit shall be obtained
rior o start of work.
Resolution No. P-95-30
Page 3
A grading plan for the development of the property shall be submitted to
the City's Engineering Services Department for review and approval ior
to ssuance of a grading permit and start of gr ding peration u ess
ra in involves earthwork movement of less than 0 cub c yards, no
ra in is required, a certification from a S ate :gistered vil
ng ne indicating the amount of earthwork shal be urnished to the
ity's ngineering Services Department and a $500 inspection fee shall be
paid pr or to building permit '
APPROVED and ADOPTED by the City Council of the City of Poway,
California, this 23rd day of May, 1995.
Don Higginson,~
ATTEST:
State of
, 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-95-30
, was duly adopted by the City Council at a meeting of said City Council
held on the 23rd day of 1995, and that it was so adopted by
the following vote:
AYES: CAFAGNA, EMERY, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT:
CALLERY, REXFORD
Marjorie K. Ual,
City of Powa~]