Res P-82-03RESOLUTION NO. P-82-03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE VAR 81-10
ASSESSOR'S PARCEL NUMBER 317-690-25
WHEREAS, Variance VAR 81-10, submitted by Stanley and Terry Wilke,
applicant, requests a reduction in the required rearyard setback from 25'
to 21' for the property located at 13620 Utopia Road, in the R-S-7 Zone (
Single Family Residential); and,
WHEREAS, on January 12, 1982, 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:
There 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
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
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.
ee
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-82-03
Page 2
Section 2: City Council Decision:
The City Council hereby finds that Variance VAR 81-10 is approved
subject to the following conditions:
4e
Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at time of Building Permit issuance.
The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances in effect at the time of approval
of this project.
Minor Development Review shall be accomplished prior to the
issuance of a Building Permit.
This approval shall become null and void if building permits are
not issued for this project within one year from the date of
project approval.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 12th day of January, 1982.
Robert C. Emery, Mayor
ATTEST:
M~rjor lsten, City Clerk