Res P-81-25RESOLUTION NO. P-81-25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAYw CALIFORNIA
APPROVING VARIANCE VAR 81-09
ASSESSOR'S PARCEL NUMBER 317-421-5
WHEREAS, Variance VAR 81-09, submitted by Patrick W. Baker, applicant,
requests a five (5) foot reduction of the rearyard setback from twenty-
five (25) to twenty (20) feet for the property located at 12915 Conley
Street, in the R-S-7 Zone (Single Family 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
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.
5J
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- 81-25
Page 2
Section 2: Substantiation:
That the property abutting the north side of the subject site has been
granted a variance, and enjoys a five (5) foot reduction in the rear
yard setback from twenty five (25) feet to twenty (20 feet under the
identical zoning classification for a similar room addition.
Section 3: City Council Decision:
The City Council hereby finds that Variance VAR 81-09 is approved
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day'of November, 1981.
Ro~rt C. %Emery, Ma~ '
ATTEST:
Marjor'~K. Wahlste~, City Clerk