Res P-82-44RESOLUTION NO. P 82-44
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-14
ASSESSOR'S PARCEL NUMBER 273-900-34
W/~EREAS, Variance 82-14, submitted by Harold and Charlsey Bridgeman,
applicant, requests a reduction in the required rear yard setback from 50
feet to 37-1/2 feet for the property located at Lot 34 of Tract Map 9260,
in the R-R-1 (Rural Residential) zone; and
WHEREAS, on July 27, 1982, the City Council held a duly advertised
public hearing to solicit coments 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 location, positioning and topography of
the lot is a constraint upon constructing a solar designed home.
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 because
the juxtaposition of the lot would preclude this solar designed
home.
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 the encroachment
will not preclude fire and police protection and because the
remaining setback will adjoin another rear yard, thereby creating
an 87-1/2 foot separation.
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 other similarly zoned lots could construct this solar
designed home.
Resolution No. P 82-44
VAR 82-14
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 a single
family dwelling is an allowable use in an R-R-1 zone.
That granting the variance or its modification will not be
incompatible with the Poway City General Plan because a single
family dwelling is consistent with a Rural Residential
designation.
Section 2: City Council Decision:
The City Council hereby finds that Variance 82-14 is APPROVED subject
to the following conditions:
Prior to any use of the project site or business activity being
comenced thereon, all conditions of approval contained herein
shall be completed to the satisfaction of the Director of
Planning Services.
Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
4e
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.
The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances in effect at the time of approval
of this project.
5. Minor development review shall be accomplished prior to issuance
of building permit.
6. This variance will expire on July 27, 1983 unless building
permits are issued prior to that date.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of July, 1982.
ATTEST:
Marjorie k. Wahlsten, City Clerk