Res P-82-52RESOLUTION NO. P 82-52
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-15
ASSESSOR'S PARCEL NUMBER 317-500-77
WHEREAS, Variance 82-15, submitted by Thomas P. Herring, applicant,
requests a reduction in the required rear yard setback from 25 feet to 17-1/2
feet for a room addition for the property located at 12904 Carriage BDad, in the
R-S-7 (Single Family B~sidential) zone; and
WHEREAS, on September 14, 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:
2o
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 have allowed such rear yard encroachments in the R-S-7
zone.
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 and surrounded by a
six foot wooden fence.
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 several residences
in the vicinity have encroached into their rear yards and properties
in the same zone have been granted rear yard setback variances.
Resolution No. P 82-52
VAR 82-15
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 family 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 82-15 is APPROVED subject to the
following conditions:
1. 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.
3. 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 14th day of September, 1982.
ATTEST:
Marjor~e ~. Wahlsten, City Clerk