Res P-98-34RESOLUTION NO. P- 98-34
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 98-09
ASSESSOR'S PARCEL NUMBER 272-761-44
WHEREAS, Variance 98-09, submitted by Stan Ratycz and Margaret Zajdel,
Applicants, request 3preval to allow a residence to observe a 15 foot sideyard
setback when the zone requires a 20 foot setback. The property is located at 17952
Highlands Ranch Place within the Rural Residential C, and
WHEREAS, on June 16, 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 98-09 is exempt from the provisions of the
California E Quality Act, Categorical Exemption Class 5 in that the
request is for a minor alteration to land use I
The proposed project ' I with the General Plan in that it involves
the construction of a single family residence on a property which is
designated for residential use.
That there are special applicable 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 is that development of the lot is constrained
b : of the 2.77 lot (approximately 2 acre) is encumbered with an
open space easement and/or steep slope (approximately 0.2 acres).
Therefore it is difficult to develop a residence that observes the required
setbacks and ' lin size and amenities as other properties in the
neighborhood.
That granting of the requested ts 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.
Resolution No. P-98-34
Page 2
Th lows the construction of a residence that'
other homes in the vicinity.
to
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or well ' ' to the property
or imf 1 vicinity and zone in which the property is located in
that in addition to property line setbacks, the subject residence is also
separated from the adjacent residential property to the west by more than a
10 foot grade difference.
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 other residential lots within the Highlands Ranch have been
developed with resid to the subject dwelling.
That the granting of th' does not all ;tivity which is not
otherwise expressly authorized by the zoning development regulations
governing the parcel or property in that single family residential development
is permitted within the Rural Residential C zone.
The City Council hereby approves Variance 98-09 subject to the following
conditions:
Within 30 days of approval the applicant shall submit in writing that all
conditions of approval have been read and understood.
Site shall be developed in accordance with the approved plans on file in the
Planning Services Department and the condil' -1 herein.
The appropriate Building Department approvals and fees shall be received prior to
occupancy of the building.
Approval of this request shall not
Ordinance and all other applicable City Ord'
permit issuance.
31iance with all = the Zoning
rfect 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-98-34
Page 3
and by the City Council of the City of Poway, State of
California, this 16th day of June, 1998.
Don Higginson, Ma~l/6r
ATTEST:
Lorl~e Peoples, Assista~tnt C~y-~Clerk
STATE OF CALIFORNIA )
)SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, Assistant City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. P-! was duly
adopted by the City Council at a meeting of said City Council held on the 16th day of
June 1998, and that it was so adopted by the following vote:
AYES:
CAFAGNA, EMERY, REXFORD, HIGGINSON
NOES: GOLDBY
ABSTAIN: NONE
ABSENT: NONE
Assist~lerk