Res P-83-02RESOLUTION NO. P 83-02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-21
ASSESSOR"S PARCEL NUMBER: 275-400-17
WHEREAS, Variance 82-21, submitted by Paul Grau applicant, requests a
reduction of the interior sideyard setback and construction of a patio
cover in the interior sideyard setback area for the property located at
12852 Stone Canyon Road, in the R-R-1 (Rural Residential) zone; and,
WHEREAS, on January 25, 1983, the City Council held a duly
advertised public hearing to solicit corm~ents from the public, both pro
and con, relative to this application;
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Findings:
That 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 property was
originally subdivided for half acre lots which had a less
restrictive setback requirement.
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
similar variances have been approved by the City Council.
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 appropriate
conditions are imposed.
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 a patio cover is permitted in a residential zone and its
location is consistent with other code criteria.
Resolution No. P 83-02
Page 2
5. 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 patio is
for residential purposes.
6. That granting the variance or its modification will not be
incompatible with the Poway City Plan.
Section 2: City Council Decision:
The City Council hereby finds that Variance 82-21 is APPROVED subject
to the following conditions:
1. The applicant shall be charged a double building fee, due prior
to the issuance of the permit.
2. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
3. Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at time of building permit issuance.
4. Minor Development Review shall be accomplished prior to the
issuance of a building permit.
5. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances in effect at the time of approval
of this project.
6. This approval shall become null and void if building permits are
not issed 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 25th day of January, 1983.
Mary S~ardson,/Mayor
ATTEST:
M~orie K. Wahlsten, City ~lerk ~-