Res P-81-23RESOLUTION NO. P-81-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 81-06
ASSESSOR'S PARCEL NUMBER 323-122-01
WHEREAS, Variance 81-06, submitted by Robert Cooper, applicant,
requests reduction in rearyard setback from 25 to 8 feet for the property
located at 13434 Standish Drive, 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 aDplicable 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 privileqes 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
privilege inconsistent with the limitations u~Don 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 regula-
tion governing the parcel of property.
60
That granting the variance or its modification will not be incom-
patible with the Poway City General Plan.
Resolution No. P-81-23
Page 2
Section 2: Substantiation:
The City Council hereby finds that the following circumstances
substantiate their findings in Section 1:
The corner locatiton and minimal depth of the subject pro-
perty prevents the proDosed room addition unless encroach-
ment into the rearyard setback area is permitted.
Section 3: City Council Decision:
The City Council hereby finds that Variance 81-06 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. Emery,~
ATTEST:
Marjori~ ~. Wahlsten, City Clerk