Res P-82-20RESOLUTION NO. P 82-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-03
ASSESSOR'S PARCEL NUMBER 316-130-4
WHEREAS, variance 82-03, submitted by David Carpowich, applicant,
requests a variance to allow an eight (8) foot high wall for noise
attenuaton for the property located at 11947 Allbrook View Drive, in the
R-S-7 (Single Family Residential) zone; and,
WHEREAS, on April 20, 1982, the City Council reviewed and considered
this application;
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Findings:
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.
5e
The granting of this variance does not allow a use or activity
which is not otherwise expressly authorized by the zoning
regulation qoverning the parcel of property.
That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Resolution No. P 82-20
Page 2
Section 2: City Council Decision:
The City Council hereby finds that variance 82-03 is APPROVED subject to
the following conditions:
The subject variance shall expire and become null and void
one year from the date of approval unless building permits
for the approved wall/fence have been issued.
2e
Any exposed portions of the block wall shall be painted to
blend with fences adjacent to that wall to the satisfaction
of the Director of Planning Services.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 20th day of April, 1982.
ATTEST:
Ma rjor'~ Wahlsten, City Clerk