Res P-81-15RESOLUTION NO. P-81-15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POW'AY, CALIFORNIA
APPROVING VARIANCE Var.81-03
ASSESSOR'S PARCEL NUMBER 323-201-07
WHEREAS, Variance Var.81-03, submitted by James D. Kunzman, applicant,
requests a reduction in the required exterior side yard setback from 35'
from centerline to 30' from centerline for the property located at 13864
Poway Road, in the C-36 Zone (General Commercial); 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
4e
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.
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.
6e
That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Resolution No. P-81-15
Page 2
Section 2: City Council Decision:
The City Council hereby finds that Variance Var81-03 is APPROVED
subject to the following conditions:
l)
That a landscape plan be submitted to the Director of
Planning Services for approval prior to the issuance of
building permit. Such plan shall include:
a) The planting of London Plane trees, 15 gal., along
Poway Road and Evanston Road. Trees shall be planted
20' on center.
b) Irrigation system (automatic).
c) Groundcover.
2) That the landscaping shall be kept in a healthy, clean, and
thriving condition.
3) That the exterior building materials and colors be consistent
with the existing building; and
4)
That such variance will expire within one year from the date
of approval unless use in reliance of said variance has
begun.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th of October, 1981.
ATTEST:
Ro'ber t~ C. ~m% ~ ~,
Marjorie~i Wahlsten, City Clerk