Res P-81-22RESOLUTION NO. P-81-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAYv CALIFORNIA
APPROVING VARIANCE 81-04
ASSESSOR'S PARCEL NUMBER 323-374-02
WHEREAS, Variance 81-04, submitted by John annd Patricia Mylott, appli-
cant requests a reduction in rearyard setback from 25 to 19 feet for the
property located at 14516 Dehia Street, in the R-S-7 (Single Family) Zone;
and,
WHEREAS, on November 3, 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 intend-
ed use of the property, and because of this the strict application
of the zoning ordinance deprives the property of privileges enjoy-
ed 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 mater-
ially 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 privi-
lege 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 regula-
tion governing the parcel of property.
6. That granting the variance or its modification will not be incom-
patible with the Poway City General Plan.
Resolution No. P-81-22
Page 2
Section 2: Substantiation:
The City Council finds that the following circumstances substantiate their
findings in Section 1:
1. The minimum lot size of 6,000 square feet in the R-S-7 zone
effectively precludes single-story additions to existing structures
unless some encroachment into required setback areas is permitted.
Section 2: City Council Decision:
The City Council hereby finds that Variance 81-04 is approved.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 3rd day of November, 1981.
Robert C. E~ery,
ATTEST:
Marjort~. Wahlsten,. City Clerk