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Res P-98-67RESOLUTION NO. P-98-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 98-14 ASSESSOR'S PARCEL NUMBER 275-390-16 WHEREAS, Variance 98-14, submitted by Joyia Greenfield, Applicant, requests approval ~ : a 400 square foot addition I ' ' ,;I home requiring a reduction in the sideyard setback to 15 feet for the property located at 16138 Bennye Lee Drive in the Rural Residential C zone; and WHEREAS, on December 8, 1998, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application; and WHEREAS, pursuant to G : Code Section 66020(d)(1), NOTICE IS FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication, reservation, or otb described in this resolution begins on the effective date of this resolution and any such protest must I: that complies with Section 65020. NOW, THEREFORE, the City Council does hereby follows: Sect The City Council finds that Variance 98-14 is exempt from the provisions of the California E Iai Quality Act, Categorical Exemption Class 5 in that the request is for a minor alteration to land use limitations. The proposed project ' : with the General Plan in that it involves the construction of an addition to a single family residence on a property which is designated for residential use. 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 classification. The special ' that the original house was placed on the lot on the diagonal. Any addition to the home would project into the required sideyard setback area. Resolution No. P-98-67 Page 2 A That granting of the req modification is the p :1 enjoyment of a substantial property right possessed by other property in the same vicinity and zoning for which the variance is sought. The variance allows for the remodeling of an existing residence providing that the character of the neighborhood is not adversely affected. 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 subject residence is separated from the adjacent residence to the west by a ten-foot setback along the same property line. That the granting of this variance does not constitute a special privilege l with the I ~on other properties in the vicinity and zone in that other residential lots within Green Valley have been developed with residences placed at ten foot sideyard setbacks. That the granting of th' does not all :y 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. Council Decision: The City Council hereby approves Variance 98-14, 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. 1, COMPI 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 elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to : building permits. The applicant shall pay all applicable fees, including school fees, which are presently $1.93 per square foot of assessable space (living area) prior to building permit issuance. The fee amount shall be based on the rates in effect at the time of building permit issuance. -- Resolution No. P-98-67 Page 3 Approval of this request shall not 31iance with all : the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. L plumbing fixtures and Iow water usage irrigation shall be installed within th ':lence and the surrounding landscaping. 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 ordinances in effect at the time of building permit issuance. 10. This approval shall b I and void if building p : issued for this project within two years from the date of project approval. 'HE DEl REGARDING COMPLIANC Roof covering shall meet Class A fire retardant testing as specified in the Uniform Building Standards No. 32-7 for fire retardant roof covering per City of Poway Ordinance #64. Approved numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast with their background. Address shall be required at private driveway entrances. Each chimney used' a spark arrester. :h any fireplace shall with 4. Provide smoke d ' :3ich are hard wired with battery back-up. Resolution No. P-98- 67 Page 4 APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th day of December, 1998. ATTEST: Michael P. Cafag~a~ L~o ~a,n~e p~Peo ples,'~ t~rk STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) I, Lori Anne Peoples, 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 8th day of December 1998, and that it was so adopted by the following vote: AYES: EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: NONE ~nne Peoples, C~ity C~e~ City of Poway N:\F