Res P-81-24RESOLUTION NO. P-81-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAYv CALIFORNIA
APPROVING VARIANCE VAR 81-07
ASSESSOR'S PARCEL NUMBER 314-642-29
WHEREAS, Variance 81-07, submitted by Richard E. Malliet, applicant,
requests a ten (10) foot reduction of the required rearyard setback from
forty (40) feet to thirty (30) feet for an accesssory structure for the
property located at 13627 Poway Springs Road, in the R-R-2 Zone (Rural
Residential); and,
WHEREAS, on November 10, 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
3e
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
4o
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.
6o
That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Resolution No. P-81-24
Page 2
Section 2: Substantiation
That the change in the existing finished grade located in the rear
portion of the subject property constitutes a special topographical
circumstance applicable to the property.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of November, 1981.
Robert C. E~er~
ATTEST:
Marjorte K. Wahlsten, City Clerk