Res P-99-25RESOLUTION NO. P-99-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-01
ASSESSOR'S PARCEL NUMBER 277-181-04
WHEREAS, Variance 99-01 submitted by Greystone Homes, applicant, requests
to allow a newly -1 residence an encroachment of 2.5' (feet) into the
easterly side yard setback to observe a 17.5' (foot) side yard setback when a 20' setback
is required within the Planned Community (PC) zone.
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 66020.
WHEREAS, on March 30, 1999, the City Council held a duly advertised public
hearing to solicit from the public, both pre and con, relative to this application.
NOW, THEREFORE, the City Council does hereby
follows:
The City Council finds that Variance 99-01 is exempt from the provisions of the
California E Quality Act, Categorical Exemption Class 5, in that this is
;back variance.
;tion 2: Fi
9-01
The approved project'
a single family resid
: with the General Plan in that it involves
,~ich is designated for residential use.
o
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 the home was inadvertently constructed
within the 20' side yard setback, and requires a 2.5 The house to
the east (closest to the subject house) is 100 feet + away (elevation of 705
feet above sea level) with their backyard adjoining the sideyard of the subject
property (at : 717 feet a.s.I.).
Resolution No. P-99-25
Page 2
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.
Th lows for the newly constructed home I :h a portion
of the home extending into the sideyard setback on one side in that it is
compatible with neighboring residences, particularly the closest residence to
the east.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welf ' ' to the property
or imp such vicinity and 3ich the property is located.
The encroachment should not result in a d : privacy on adjoining
lots because of landscaping along the east property line that will provide
more pdvacy as it :1 the 12 foot change in grade in relation to the
closest house to the east and the 100 foot setback from the neighboring
home.
That the granting of this variance does not constitute a special privilege
I with the limitation upon other properties in the vicinity and zone
in that other residences are already :1 on other lots in the area.
The options to site this house were constrained, in part, by the 125' wide
aqueduct easement for the southwest portion of the 1.89 acre site.
That the granting of th' does not allow th :y which is
not otherwise expressly authorized by zoning development regulations
governing the parcel or property in that a single family residence is a
permitted use in the Planned Community (PC) zone.
The City Council hereby approves Variance 99-01 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.
REGARD
No st ' :le from the
within the 20' sideyard setback.
' :1 residence shall be allowed
Resolution No. P- 99- 25
Page 3
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 30th day of March 1999.
ATTEST:
Peoples, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
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 theday of
1999, and that it was so adopted by the following vote:
AYES: GOLDBY
NOES: NONE
ABSTAIN: NON E
ABSENT: EMERY
HIGGINSON, REXFORD, CAFAGNA
nne Peoples, City Cllerk
City of Poway