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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