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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 ~-