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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