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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