Res P-95-66RESOLUTION NO. P-95-66
A R LU I N F T CI Y CO IL
OF C T 0 0
A OV N V o - '9 -11
AME' .G t EL,v' i Rt IEW -07
ASSESSOR'S RC u .U. R 17-211-0 (PORTIONS)
WHEREAS, Variance 95-11 and an amendment to Development Review 9 -07
submitted by Shea Ho es, Applicant, requests the substitution of the single-s ory
floor plan for two-s ory plans on five lots, and e croachment into the requ red
twenty-foot rear ya setback for Lots 30, 53 and 7, and the required ten- oot
street side yard se back for Lots 53 and 57 of t e Poway Oaks subdivision, in
order to accommodate the placement of single-story omes on these lots, which are
located on Whispering Tree Lane and Poway Oaks Drive, in the RS-7 zone;and
WHEREAS, on December 19, 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:
he City Council finds that Variance 95-11 and amendment to Development
eview 94-07, are exempt from the p of the California
tal Quality Act, Categorical Exemption Class 5, as the project
s a minor alteration to land use limitations.
3-11
The approved project is with the general plan in that it
proposes the construction of homes within lots which are 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 circu stanc s include the fact that the tract model
proposed for the su ject ots is a single-story model with a larger
footprint, this ma lng t difficult to site the home on the lot
while meeting all t e se back req
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other proper in the same vicinity and zoning for which the
variance is sough , in that customers of the Poway Oaks development
re requesting t at the Plan 1 Model be built more frequently.
here are no sing e-story homes proposed on any of the nearby lots.
herefore, the m x of units is enhanced by the use of this model,
ut a variance is needed in order to fit them on the lots.
Resolution No. P-95-66
Page 2
That granting the v fiance or its 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.
That the granti g of this variance does not a special
privilege incons stent with the limitation upon other properties in
the vicinity an zone in that the property is located in an area
where, although he lots are of similar size, there is some variance
in lot dimension which precipitated a problem in plotting the new
homes.
That the granting of this variance does not allow the use or
activit which is not otherwise expressly authorized by zoning
develo nt regulations governing the parcel or property in that the
propose project is the construction of new single-family homes in
the Res dential Single-Family 7 zone.
The appr ved project is consistent w th the general plan in that it
ropose construction of single-fam ly homes in an area designated
or res dential use. The use of ad itional single-story models is
n keep ng with the intent of the eneral Plan Goal of ~
he diversity of home designs available in tract developments.
That the approved project will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining
properties, because the lower rooflines on a greater number of homes
will open up view corridors along Metate Lane and also within the
interior neighborhood.
That the approved project encourages the orderly and h
appearance of structures and property within the City, because the
lower rooflines on a greater number of homes within the new
development will help the new project to blend visually with the
surrounding neighborhood.
That the approved project is in complian e with the Zoning
Ordinance, except with regard to minimum build ng setbacks on three
lots for which a variance has been approved, n all other respects
the homes meet the development standards of t e underlying zoning.
13: :
The City Council hereby approves Variance 95-11 and Amendment to
Development Review g4-07, 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.
gITH THE
APPROVED BY THE
Resolution No. P-95-66
Page 3
Z$ REQUIRED.
OF PLANNING SERVZCES.
SHALL BE
Site shall be developed in accordance with the amended site plans on file
in the Planning Services Department and the conditions contained herein.
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
3. All conditions of approval contained in Resolution No. P-gS-IO which
approved Development Review 94-07, shall remain in full force and effect.
o
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.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this lgth day of December, 1995.
ATTEST:
Resolution No. p-95-66
Page 4
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-95-66 , was duly adopted by the City Council at a meeting of said City Council
n ihe 19th day of December , 1995, and that it was so adopted
by the follow~-i-6¥vote:
AYES: CAFAGNA, EMERY, REXFORD, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: CALLERY
oway