Res P-82-46RESOLUTION NO. P 82-46
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE VAR82-12
ASSESSOR'S PARCEL NUMBER 275-731-21
WHEREAS, Variance VAR 82-12, submitted by Jean Obenchain, applicant,
requests to increase the allowable fence height to 12 feet, and to
increase the maximum permitted rear yard setback area coverage with a
tennis court for the property located at 15913 Overview Road, in the R-R-1
(Rural Residential) zone; and
WHEREAS, on August 10, 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; these special circumstances result from the
adjacent properties being screened from view by the large mature
eucalyptus trees that surround the tennis court, and because of
the intensive use and narrowness of the rear portion of the lot.
2e
That granting the variance or its modification is necessary for
the preservation and enjoyment of a substantial property right
possessed by other property owners in the same vicinity and zone
and denied to the property for which the variance is sought in
that fences and tennis courts are permitted on all lots with
identical zoning.
3e
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, and the fence will not impair
access for emergency 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
because the shape and size of the lot places limitations upon
relocating the tennis court.
Se
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 tennis
court is part of residential use.
Resolution No. P 82-46
VAR 82-12
Page 2
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 82-12 is APPROVED subject
to the following conditions:
The site shall be developed in accordance with the approved
building plans for the single family unit and with the 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 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, as well as the single family
dwelling unit, within one year from the date of project approval.
The tennis court fence shall be constructed at the recommended
standard height of 10 feet, established by the American Institute
of Architects.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 10th day of August, 1982.
Mary She~rdson ,/Mayor
ATTEST:
jor'~K. Wahlsten, City Clerk