Res P-98-14 RESOLUTION NO. P-98-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 98-04
ASSESSOR'S PARCEL NUMBER 317-792-28
WHEREAS, Vadance 98-04 submitted by Joe Scheuer, Diroma Inc. on behalf of
Bill and Linda Bryan, Applicants, request approval for a reduction of the required 20 foot
side yard setback to 8 feet, to allow for the construction of a 612 square foot bedroorn/bath
and study addition 1 .~ single-family home located at 12385 Paseo Colina, in the
RR-C zone; and
WHEREAS, on March 10, 1998, the City Council held a duly advertised public
hearing to solicit 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 98-04 is exempt from the provisions of the
Califomia E Quality Act, Categorical Exemption Class 3, as the project
is a small residential structure.
The approved project' l with the general plan in that it proposes
the of an addition to a single family home on a lot that is
designated for residential use.
That there are special 3plicable 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
The special `le the fact that the lot is less than a quarter
of the minimum size for the RRC-zone, 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.
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 neighborhood '...Iht to ten
foot side yard areas.
Resolution No. P- 9e-14
Page 2
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or well' ' ' to the property
or iml: ~ vicinity and zone in which the property is located in
that the building will observe an eight foot sideyard setback which will
provide ample room for tl~ ~landscaping as a visual screen.
That the granting of this variance does not constitute a special privilege
I with the I 3on other properties in the vicinity and zone
in that the property is located ' ~ere many of the existing homes
do not observe th ' ' ?leyard setbacks due to the fact the setback
and lot size req :1 significantly in 1983 when Poway's
General Plan and Zoning Development Code were adopted.
That the granting of th' does not allow th Iy which is
not otherwise expressly authorized by zoning development regulations
governing the parcel or property in that accessory permitted
by right in residential areas.
The City Council hereby approves Variance 98-04 subject to the following conditions of
approval:
Within 30 days of approval the applicant shall submit in wdting 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 )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
Ord' :1 all other applicable City Ord
permit issuance.
31lance with all :the Zoning
: at the time of building
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.
Resolution No. P- 9 8-14
Page 3
The appropriate Building Department approvals and fees shall be received prior to
the start of
6. Low flow plumbing flxt
:luired to be used in all new construction.
The new building's exterior finishes and materials shall match that of the main
house.
This approval shall I: I and void if building permits have not been issued
on the project by March 10, 2000.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of March, 1998.
ATTEST:
/Go ldtiy_~eputy Mayor
ahlsten, City Clerk
Resolution No. P- 9 8-14
Page 4
STATE OF CALIFORNIA )
)SS.
COUNTY Of SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. 2- 9 8-1 ~, . was duly adopted by the
City Council at a meeting of said City Council held on the --:L-0-f_h day of
March 1998, and that it was so adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
NONE
NONE
EMERY, GOLDBY, REXFORD
Marjori~ I~ Wahlsten, City Clerk
City of ol~.~ay
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