Res P-82-38RESOLUTION NO. P 82-38
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-13
ASSESSOR'S PARCEL NUMBER 317-670-13
WHEREAS, Variance 82-13, submitted by Ronald and Joan Pedersen,
applicant, requests a reduction in the required rear yard setback from 25
feet to 17 feet for the property located at 13805 Celestial Road, in the
R-S-7 (Single Family Residential) zone; and
WHEREAS, on July 27, 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 because the R-S-7 zone has a
minimum lot size of 6,000 square feet which reduces the ability
to add to an average sized home without encroaching into the rear
yard setback.
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 because
previous approvals by the City Council has allowed such rear yard
encroachments in the R-S-7 zone.
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
separated by topography and surrounded in the rear by an open
space easement.
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 several lots in the near vicinity have encroached into
their rear yards and properties in the same zone have been
granted rear yard setback variances.
Resolution No. P 82-38
VAR 82-13
Page 2
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 room
addition is part of a residential use.
That granting the variance or its modification will not be
incompatible with the Poway City General Plan because the
residential use of the variance requested is consistent with the
General Plan.
Section 2: City Council Decision:
The City Council hereby finds that Variance 82-13 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.
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 Electrical 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 27th day of July, 1982.
ATTEST:
Marjorie~\Wahlsten, City Clerk