Res P-83-05RESOLUTION NO. P-83-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 82-09
ASSESSOR'S PARCEL NUMBER 323-190-75
WHEREAS, Variance 82-09, submitted by Honda (Motorcycles) of Poway,
applicant, requests a reduction of the parking and landscaping setback
requirements for an expansion of an existing commercial structure
located at 14010 Poway Road, in the C-36 (General Commercial) zone; and
WHEREAS, on February 15, 1983, 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 because of the location of the
existing structure and type of business proposed.
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 a
similar landscape variance has previously been approved and the
reduction of automobile parking spaces is offset by available
motorcycle parking areas.
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 of appropriate
conditions imposed to mitigate such impacts.
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 of past variances granted by the City Council and unusual
circumstances associated with the business type and location of
the existing building.
Resolution No. P-83-05
Variance 82-09
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 motorcycle
sale and service business is a permitted use in the C-36 (General
Commercial) zone at this time.
The granting of the variance or its modification will not be
incompatible with the Poway City General Plan because proposed use
is consistent with the land use designation at this time.
Section 2: City Council Decision:
The City Council hereby finds that Variance 82-09 is APPROVED subject
to the following conditions:
The maximum reduction of the number of automobile parking spaces
shall be five standard car spaces and a minimum of 8 motorcycle
space shall be provided as substitutes.
Motorcycle display areas may be installed within the
required 20-foot landscape setback from the property line along
Poway Road, to the satisfaction of the Director of Planning
Services. The minimum setback shall be no less than 5 feet
measured from the property line to the closest point of
encroachment.
3. Ail conditions of application DR 82-03 shall be met.
4. This approval shall become null and void upon the expiration of
application DR 82-03 or any subsequent time extensions thereto.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, the 15th day of February, 1983.
ATTEST:
Marjorie K. Wahlsten, City Clerk