Res P-82-30RESOLUTION NO. P 82-30
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE VAR 82-07
ASSESSOR'S PARCEL NUMBER 275-041-04
WHEREAS, Variance VAR 82-07, submitted by R.W. Matz, applicant,
requests a four (4) foot height increase for a tennis court fence from six
to ten feet for the property located at 16692 Expola Road, in the R-R-1
(Rural Residential) zone; and,
WHEREAS, on June 8, 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 are special circ%~nstances 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 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.
Be
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.
6e
That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Resolution No. P 82-30
VAR 82-07
Page 2
Section 2: City Council Decision:
The City Council hereby finds that Variance VAR 82-07 is APPROVED
subject to the following conditions:
The location of the tennis court slab and fence shall be verified
by field inspection to insure that it does not encroach into the
bridle trail easement prior to the issuance of building permits.
If any encroachment exists, the Director of Planning Services
shall have the authority to require and insure adjustments to the
fence location to eliminate the encroachment.
2. The maximum height of the fence shall not exceed ten (10) feet
from finished grade.
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.
5. 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, and all other applicable codes and ordinances in
effect at the time of approval of this project.
7e
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 8th day of June, 1982.
Mary She
ATTEST:
Marjorie\K. Wahlsten, City Clerk