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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 e:\cit~