Res P-82-47RESOLUTION NO. P 82-47
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-11
ASSESSOR'S PARCEL ~ER 273-151-05
WHEREAS, Variance 82-11, submitted by Sandra Kay Harris, applicant,
requests to reduce the interior side yard setback from 10 feet to seven and
one-half feet for the property located at 17316 St. Andrews Drive, in the
R-S-4 (Single Family 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 need to maintain consistency to the floor plan of
the house.
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; these
special circumstances result from the need to maintain
consistency with the floor plan of the house.
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 floor plan limits the location of the addition to
the area proposed.
Resolution No. P 82-47
VAR 82-11
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
addition proposed does not conflict with the density or type of
development allowed by the General Plan.
Section 2: City Council Decision:
The City Council hereby finds that Variance 82-11 is APPROVED subject
to the following conditions:
The 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.
3. Minor development 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.
Se
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 10th day of August, 1982.
Mary She~rdson/Mayor
ATTEST:
Maljori~ k. Wahlsten, City Clerk