Res P-82-68RESOLUTION NO. P 82-68
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-19
ASSESSOR'S PARCEL NUMBER 323-375-06
WHEREAS, Variance 82-19, submitted by Jerry Bennington, applicant,
requests a reduction in the required rear yard setback from 25 feet to
11.5 feet for the property located at 13622 E1 Mar Avenue, in the R-S-7
(Single Family Residential) zone; and
WHEREAS, on November 23, 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 Droperty,
(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 and 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 size home without encroaching into required
setbacks.
2e
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 encroachments
of 12.5 feet in the R-S-7 zone.
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 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 same area and zone have encroached
into their setbacks and properties in the same zone have been
granted setback variances of from 25 feet to 12.5 feet.
Resolution P 82-68
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 a family room
addition is part of a residential use.
6o
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 82-19, 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.
2. Approval is for a reduction of the rear yard setback from 25 feet
to 12.5 feet rather than the requested 11.5 feet.
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance in effect at the time of
building permit issuance.
4o
Minor Development Review shall be accomplished prior to the
issuance of a building permit.
50
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 23 day of November, 1982.
ATTEST:
Marjor~e ~. Wahlsten, City Clerk
MaryL.0~hepardson, Mayor