Res P-95-41RESOLUTION NO. P-95-41
A RE L TION OF
OF T TTy OF PO
P VING VAR
ASSES~ R' PARCEL
CITY COUNCIL
Y, CALIFORNIA
NCE 95-05
'BER 278-462-38
WHEREAS, Variance g5-05 submitted by Standard Pacific of San Diego,
Applicant, requests the an eight foot encroachment into a required twenty foot
side yard setback for the construction of a new home on Lot 60 of The Groves, in
the RR-C zone; and
WHEREAS, on August 8, 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:
The City Council finds that Varianc 95-05 is exempt from the p
of the California E tal Qua ity Act, Categorical Exemption Class
5 and 3, as the project is the cons ruction of a single family residence
and a minor alteration to land use imitations.
The approved project is consistent with the general plan in that it
proposes the construction of a residence within a site which is
designated for residential use.
That there are speci 1 c
because of this, t e s
deprives the proper y o
the vicinity under den
rcumstances applicable to the property, and
rict application of the Zoning Ordinance
privileges enjoyed by other properties in
ical zoning classification.
The special circumstances include the fact that the property is
irregularly shaped, has irregular topography, and large portions of
the rear of the lot are unusable to a future resident.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial pro erty right possessed
by other property in the same vicinity and ning for which the
variance is sought, in t'at customers of The rove are requesting
that the Model 760 be bull more frequently. T ere are none within
any of the nearby lots. herefore the mix of units is enhanced by
the use of this model, bu in order to fit on the lot, a side yard
variance is needed.
That granting the v fiance or its modification will not be
materially detrimental o the public health, safety, or welfare, or
injurious to the proper y or improvements in such vicinity and zone
in which the property s located.
Resolution No. P-95-41
Page 2
That the granti g of this vari nce does not constitute a special
privilege incons stent with the imitation upon other properties in
the vicinity an zone in that he property is located in an area
where although t e lots are of s milar size, there is some variance
in lot dimension which precipitated a problem in plotting the new
home.
That the granting of this variance does not allow the use or
activity which is not otherwise expressly authorized by zoning
development regulations governing the parcel or property in that the
proposed project is the construction of a new single-family home in
the Rural Residential-C zone.
The City Council hereby approves Variance g5-05 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.
CONPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED.
APPROVED BY THE DEPARTHENT OF PLANNING SERVICES.
CONPLIANCE SHALL BE
e
e
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Revised site plans and building elevations incorporating 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
This approval shall become null and void if building permits are not
issued for this project within two years from the date of project
approval.
__ Resolution No. P- g5-41
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 8th day of August, lgg$.
ATTEST:
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-95-41 , was duly adopted by the City Council at a meeting of said City Council
he 8th day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
CAFAGNA, CALLERY, EMERY, REXFORD
Marjorie~. 1 y,
City of POway