Res P-81-13RESOLUTION NO. P-81-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE V81-182
ASSESSOR'S PARCEL NUMBER 317-750-13
WHEREAS, Variance V81-182, submitted by Peter Babich, applicant,
requests a reduction in the required rearyard setback from 25' to 15' for
the property located at 12843 Casa Court, in the R-S-7 Zone (Single-family
Residential); and,
WHEREAS, on October 13, 1981, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con,
relative to this application;
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Findings:
That there are special circumstances applicable to the
property, (size, shape, topography, location or surroundings) or
the intended use of 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.
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 zone and
denied to the property for which the variance is sought, and
That granting the variance or its modification will not be
materially detrimental to the public health, safety or welfare, or
injurious to the property or improvements in such vicinity and
zone in which the property is located; and
The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties
in the vicinity and zone in which such property is situated.
5e
The granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
regulation governing the parcel of property.
That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Resolution No. P-81-13
Page 2
Section 2: City Council Decision:
The City council hereby finds that Variance V81-182 is Approved.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th of October, 1981.
ATTEST:
Marjorie ~!.Wahlsten, City Clerk