Res P-82-61RESOLUTION NO. P 82-61
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-18
ASSESSOR'S PARCEL NUMBER 323-141-14
WHEREAS, Variance 82-18, submitted by George Kropp, applicant, requests
a reduction in the required front yard setback from 50 feet to 45.5 feet
for the property located at 13126 Standish Drive, in the R-S-7 (Single
Family Residential) zone; and
WHEREAS, on October 19, 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 required
setbacks.
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 City Council has allowed such encroachments
in the R-S-7 zone.
That granting the variance or its modification will 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 is well within
the property line and surrounded by landscaping.
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 lots in the near vicinity have encroached into
their setbacks and properties in the same zone have been granted
setback variances.
Resolution No. P 82-61
VAR 82-18
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 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 82-18 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.
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.
5e
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 19th day of October, 1982.
ATTE ST:
Marjor~e ~. Wahlsten, City Clerk
Mary L. ~epards~n, Mayor