Res P-82-33RESOLUTION NO. P-82-33
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE VAR 82-10
ASSESSOR'S PARCEL NUMBER 316-083-07
WHEREAS, Variance VAR 82-10, submitted by Mr.& Mrs. Donald R. Norton,
applicant, requests to install a six-foot-high fence in the required front
yard setback area for the property located at 12826 Iola Way, in the R-S-
7 (Single Family Residential) zone; and
WHEREAS, on July 13, 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 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 in that the shape of the lot and
the location of the structure are atypical.
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, in that
fences are permitted on all lots with identical zoning.
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, in that the location will
not significantly impair access for emergency and safety
services.
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 in
that there are special circumstances applicable to the property
as referred to above.
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 in that a fence would
otherwise be permitted on the property.
Resolution No. P 82-33
VAR 82-10
Page 2
Se
That granting the variance or its modification will not be
incompatible with the Poway City General Plan in that single
family residential uses are permitted in the Residential 6 land
use designation.
Section 2: City Council Decision:
The City Council hereby finds that Variance VAR 82-10 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.
The fence shall be installed within one year or this approval of
application VAR 81-10 shall beceome null and void.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of July, 1982.
Mary Sh
ATTEST:
Marjori~ ~. Wahlsten, City Clerk