Res P-99-39RESOLUTION NO. P- 99-39
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 99-03
ASSESSOR'S PARCEL NUMBER 314-650-39
WHEREAS, Variance 99-03, submitted by William Lawbaugh, applicant, requests
to allow a recently constructed residence to observe a 15-foot street side yard
setback when the zone requires a 20-foot setback. The residence is located at 14858
Indian Peak Lane within the Rural Residential C zone.
WHEREAS, pursuant to G t 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 b that complies with Section 66020.
WHEREAS, on May 11, 1999, the City Council held a duly advertised public headng
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 99-03 is exempt from the provisions of the
California E Quality Act, Categorical Exemption Class 5, in that it is a
minor alteration to land use I
-03
The approved project *
a single family resid
with the General Plan in that it involves
3ich 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 ' that the h :lvertently constructed
within the 20-foot side yard setback, and requires a 5-foot variance. In
addition, the property' ,I because the lot is narrow (106 feet) and
the width is less than the minimum required in the RR-C zone (110 feet).
Development of the lot is further restricted by the Indian Peak Trail road
easement which encumbers the southerly 10 feet of the property.
Resolution No. P-99- 39
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.
The variance allows for the recently constructed home to remain with a
portion of the home extending into the street side yard setback in that it is
compatible with neighboring residences.
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or welfare, ' ' to the property
or imp ~ vicinity and zone in which the property is located in
that th ~ment should not result in a C : privacy on adjoining
lots to the south because a 40-foot wide private road easement and a
significant grade difference separates the subject residence from the
adjacent properties.
That the granting of this variance does not constitute a special privilege
I with the I ;~on other properties in the vicinity and zone
in that residences are already :1 on other lots in the area. The
options to site this h -I, in part, by the narrow 106-foot
width of the lot coupled with a 10-foot wide private road easement which
further decreases the developable width of th lot.
That the granting of th' does not allow th ly which is
not otherwise expressly authorized by zoning development regulations
governing the pamel or property in that a single family residence is a
permitted use in the Rural Residential C zone.
:il Decision:
The City Council hereby approves Variance 99-03 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.
Resolution No. P- 9 9- 3 9
Page 3
The slopes created along the southwesterly corner of the building pad shall be
removed from the Indian Peak Trail road easement to the satisfaction of the
Development Services Department prior to grant of Certificate of Occupancy.
2. All ful
yard setback.
the property shall observe the required 20-foot street side
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 11th day of May, 1999.
ATTEST: ~
Lori)Anne Peoples, City Cl~rk
a,~yor
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. P- 99- 39 was duly adopted by the
City Council at a meeting of said City Council held on the 11th day of May, 1999, and that
it was so adopted by the following vote:
AYES; EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lon Anne Peoples, C~ty Clerk
City of Poway