Res P-82-16RESOLUTION NO. P 82-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-02
ASSESSOR'S PARCEL NUMBER 323-030-53 & 54
WHEREAS, Variance 82-02, submitted by James McAfee, applicant, requests
a reduction in the exterior sideyard setback requirement from 35 feet from
centerline of the private road to 21.5 feet for the property located at
14526 Garden Road, in the R-S-7 (Single Family Residential) zone; and
WHEREAS, on March 23, 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 not 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.
2e
That granting the variance or its modification is not 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.
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.
6. That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Resolution No. P 82-16
Page 2
Section 2: City Council Decision:
The City Council hereby finds that Variance 82-02 is APPROVED subject
to the following conditions:
The approval of this variance is for the reduction of the
exterior sideyard setback requirement from 35 feet to 21.5
feet measured from the centerline of the private easement
road.
ATTEST:
2. Ail of the conditions of TPM 82-02 shall apply.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 23rd day of March, 1982.
Robert C. Emery, Mayor ~
Marjo~ie\K. Wahlsten, City Clerk