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