Res P-81-35RESOLUTION NO. P-81-35
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 81-162
ASSESSOR'S PARCEL NUMBER 317-153-08
WHEREAS, Variance 81-162, submitted by Unlon Oil Company of California,
applicant, requests a reduction in the rearyard setback from 15 feet to 0
feet and a reduction in the landscaped setback along street frontages from
20 feet to 3 feet for the property located at 13012 Pomerado Road, in the
C-36 Zone (General) zone; and,
WHEREAS, on December 29, 1981, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con,
relative to this aDplication;
NOW, THEREFORE, the Clty 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
aDplication 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 wlll 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
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.
6. That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Resolution No. P-81-35
Page 2
Section 2: City Council Decision:
The City Council hereby flnds that Variance 81-162 is approved subject
to the following conditions:
1. All conditions of Development Review Approval 81-03 shall be met
to the satisfaction of the Director of Planning Services prior to
use in reliance of the approval.
2. The rearyard setback distance is reduced from 15 feet to 0 feet.
3. The landscaped setback is reduced from 20 feet to 10 feet on Poway
Road and 3 feet on Pomerado Road.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of December, 1981.
Robert C. Emery
ATTEST:
Marjorie[K.~,wahlsten, City Clerk