Res P-99-53 RESOLUTION NO. P-99-53
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING VARIANCE 99-09/MINOR DEVELOPMENT REVIEW 99-99
ASSESSOR'S PARCEL NUMBER 314-762-16
WHEREAS, Vadance 99-09/Minor Development Review 99-99 submitted by Denis
and Pia Morgan, applicants, request approval 1 : a detached pool cabana within
a portion of the required 14' northerly side yard setback for the property located at 14456
Maplewood Street, in the Rancho Arbolitos Planned Community; and
WHEREAS, on July 20, 1999 the City Council held a duly advertised public headng
to solicit from the public, both pro and con, relative to this application.
WHEREAS, pursuant to G l Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90-day period to protest the imposition of any fee, dedication,
or otb described in this resolution begins on the effective date of
th' ri any such protest must b that complies with Section 66020.
NOW, THEREFORE, the City Council does hereby
follows:
Section 1:
The City Council finds that Variance 99-09/Minor Development Review 99-99 is
exempt from the p ' ' :the California E Quality Act, Categorical
Exemption Class 5, as the project is a minor alteration to land use limitations.
The approved project' I with the general plan in that it proposes
the construction of an accessory structure to a single family home on a lot
that is designated for residential use.
That 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 `le the fact that the lot is an irregular shape
and that there is only ' ' ~3 area within the rear and side yard which
can -late the proposed structure.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed by
other properties in the same vicinity and zoning for which the variance is
sought, in that other properties in the vicinity contain pool cabanas,
Resolution No. P-99-53
Page 2
That granting the variance or its modification will not be materially
detrimental to the public health, safety, or well ' ' to the property
or imp ~ vicinity and zone in which the property is located in
that the building will observe required side and rear yard setbacks and will
be served by the main house for utilities.
That the granting of this variance does not constitute a special privilege
: with the I ;)on other properties in the vicinity and zone.
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 accessory permitted
by right in residential areas.
~ion
The City Council hereby approves Variance 99-09/Minor Development Review 99-99
subject to the following conditions of approval:
Within 30 days of approval the applicant shall submit in writing that all conditions of
approval have read and understood.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEVELOPMENT SERVICES DEPARTMENT,
PLANNING DIVISION.
fELl
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department and the condir :1 herein.
Revised site plans and building elevar )orating all conditions of approval
shall be submitted to the Development Services Department pdor to submittal of the
building permit plan check.
Approval of this request shall not
Ord :1 all other applicable City Ord'
permit issuance.
31lance with all sections of the Zoning
~=ect at the time of building
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 ord fect at the time of building
permit issuance.
5. The approp ..] Division ap
start of
Resolution No. P-99-53
Page 3
fees shall prior to the
6. Low flow plumbing ! required to be used in all new construction.
7. The new building's exterior finishes and materials shall match that of the main
house.
8. This approval shall I~ II and void if building permits have not been issued
on the project by July 20, 2001.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE SAFETY SERVICES DEPARTMENT.
9. Install smoke d : 3ich are hard-wired with a battery back-up.
10. Install a 2A10BC fire extinguisher in the building/cabana.
APPROVED and ADOPTED by the City~~Council of the City of Powa. y, State of
California, this 20th day of July, 1999. ~ ~/~..~.__ ~
f
Michael P. Cafagna M~,r
ATTEST:
LoCi Anne Peoples, City ~,~er
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Loft Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P- 99-53 , was duly adopted by
the City Council at a meeting of said City Council held on the 20th day of July 1999, and
that it was so adopted by the following vote:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
AYES
NOES:
ABSTAIN:
ABSENT:
NONE
NONE
NONE
City of Poway