Res P-82-11RESOLUTION NO. P-82-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-01
ASSESSOR'S PARCEL NUMBER 314-540-28
WHEREAS, Variance 82-01, submitted by Francis Sheehan, applicant,
requests a reduction in the required rearyard setback from 25' to between
17 and 23' for the property located at 13663 Ahwahnee Way, in the R-S-7
(Single Family Residential) zone; and
W~EREAS, on March 9, 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:
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
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.
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 82-11
Page 2
Section 2: City Council Decision:
The City Council hereby finds that variance 82-01 is APPROVED subject
to the following conditions:
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.
3. Minor Development Review shall be accomplished prior to the
issuance of a building permit.
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.
5e
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 the City of
Poway, State of California, this 9th day of March, 1982.
Bobert C. ~er~
ATTEST:
Marjorie K.iwahlsten, City Clerk