Res P-82-32RESOLUTION NO. P-82-32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE VAR 82-08
ASSESSOR'S PARCEL NUMBER 275-380-14
WHEREAS, variance VAR 82-08, submitted by James Belasco, applicant,
requests to reduce the interior side yard setback from fifteen (15) feet to
seven (7) feet in the R-R-1 (Rural Residential) zone for the property
located at 12819 Corte Dorothea, in the R.R.1 (Rural Residential) zone;
and
WHEREAS, on July 13, ~982, the City Council held a duly advertised
public hearing to solicit coz~ents 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 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. These special circumstances
result from the reduced setbacks allowed by the area's previous
zoning under which most main residential buildings were
constructed;
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 for the
same reason mentioned above;
3o
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 because it is well screened
by topography and landscaping;
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
because the previous zoning under which area residences were
constructed have the same limitations;
Resolution No. P 82-32
VAR 82-08
Page 2
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 because the patio
cover is part of a residential use; and
6. That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Section 2: City Council Decision:
The City Council hereby finds that Variance VAR 82-08 is APPROVED
subject to the following conditions:
Site shall be developed in accordance with the approved site
plans on file in the Planning Services office and conditions
contained herein.
2e
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance in effect at the time of
building permit issuance.
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 Fire Code, and all other applicable
codes and ordinances in effect at the time of approval of
this project.
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 13th day of July, 1982.
Mary Sh~ardso~, Mayor
ATTEST:
Marjor~e K. Wahlsten, City Clerk