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Res P-97-60 RESOLUTION NO. P- 97-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 97-08 ASSESSOR'S PARCEL NUMBER 275-630-02 WHEREAS, Variance 97-08 submitted by Andy and Kathy Glatt, Applicants, request approval for a reduction of the required 20 foot side yard setback to 10 feet 3 inches, to allow for th : a 559 square foot bedroom/bath addition to an existing single- family home located at 13126 Silver Saddle Lane, in the RR-C zone; and WHEREAS, on October 28, 1997, 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 follows: The City Council finds that Variance 97-08 is exempt from the provisions of the California E Quality Act, Categorical Exemption Class 3, as the project is a small residential structure. Section 2: Findinc The approved project' i with the general plan in that it proposes the construction of an addition to a single family home on a lot that is designated for residential use. That there are special ;)plicable to the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification. The special :le the fact that the lot is an irregular shape and that, in consideration of the existing floor plan of the home, the area chosen for the addition can most appropriately :late the proposed structure. The surrounding yard area contains impediments to construction including a pool, decking on the north side, and sloping topography on the west side of the lot. 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, in that other properties in the Silver Saddle Ranch neighborhood ten foot side yard areas. Resolution No. P- 97-60 Page 2 That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare, ' ' to the property or imp 1 vicinity and zone in which the property is located in that the building will observe a ten foot side yard setback which will provide ample room for th i landscaping as a visual screen. That the granting of this variance does not constitute a special privilege l with the I ;)on other properties in the vicinity and zone as illustrated in ~4. Silver Saddle Ranch CC&R's permit ' ' ten foot side yard setback. That the granting of th' does not allow th :y which is not otherwise expressly authorized by zoning development regulations governing the parcel or property in that accessory st permitted by right in residential areas. The City Council hereby approves Variance 97-08 subject to the following conditions of approval: Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood. APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 elevat' )orating all conditions of approval shall be submitted to the Planning Services Department prior to submittal of building permit plan check. Approval of this request shall not 31lance with all "the Zoning Ord -1 all other applicable City Ordinances in effect at the time of building permit issuance. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ord' fect at the time of building permit issuance. 5. The appropriate Building Department approvals and fees shall be received prior to the start of construction. Resolution No. P-97-60 Page 3 Low flow plumbing f :luired to be used in all The new building's exterior finishes and materials shall match that of the main house. This approval shall b II and void if building permits have not been issued on the project by October 28, 1999. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 28th day of October, 1997. Don Higginson, Mayor~ ATTEST: Mador~Wahlsten, 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. was duly adopted by the City Council at a meeting of said City Council held on the 28th day of October . 1997, and that it was so adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON NONE NONE NONE e:\cit~ Marjori~e I~ Wahlsten, City Clerk City of ~ay