Res P-82-66RESOLUTION NO. P 82-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POW-AY, CALIFORNIA
APPROVING VARIANCE 82-20
ASSESSOR'S PARCEL NUMBER 323-030-12
WHEREAS, Variance 82-20, submitted by John R. and Kathryn G. Voris,
applicant, requests a reduction in the exterior side yard setback from
35 feet to 20.66 feet for the property located at 14520 Garden RDad, in
the R-S-1 (Single Family Residential) zone; and
WHEREAS, on November 9, 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 due to the proposed alignment of the private access
easement in relation to the existing structure.
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 a
similar variance has been granted to the adjacent property.
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 the encroachment
will not impede the provision of City Services.
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 similar encroachments have been approved in the
vicinity.
Resolution No. P 82-66
VAR 82-20
Page 2
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 the structure
is used for residential purposes.
That granting the variance or its modification will not be
incompatible with the Poway City General Plan because the
property is designated for residential uses.
SECTION 2: City Council Decision:
The City Council hereby finds that Variance 82-20 is APPROVED subject
to the following conditions:
The approval of Variance 82-20 is for the reduction of the
exterior side yard setback from 35 feet to 20 feet measured from
the centerline of the private easement road.
2. Ail conditions of TMP 17006 shall apply.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 9th day of November, 1982.
ATTEST:
Marjorie ~. Wahlsten, City Clerk
Mary L.~epards6n, Mayor