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Res P-83-07RESOLUTION NO. P-83-07 A RESOLUTION OF THE CITy COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 83-0] ASSESSOR'S PARCEL NUMBER 314-580-01 WHEREAS, Variance 83-01, submitted by Craig Markey, applicant, requests a reduction in the required front yard setback from 50 feet to 43 feet for the property located at 15112 Larry Street, in the R-S-7 (Single Family Residential) zone; and, WHEREAS, on February 22, 1983, the City Council held a 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: 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 triangular shape (front yard curvature) and the relatively small lot size of 6,500 square feet reduces the ability to add to an average sized home without encroaching into required setbacks. That granting the variance or its modification 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 City Council have allowed such encroachments 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 encoachment is well within the property line and will not detract from the aesthetics of the area. 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 near vicinity have encroached into their setback areas and properties in the same zone have been granted setback variances. Resolution No. P-83-07 Variance 83-01 Page 2 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 room and garage addition is part of a residential use. That granting the variance or its modification will not be incompatible with the Poway City General Plan because the residential use of this variance requested is consistent with the General Plan. Section 2: City Council Decision: The City Council hereby finds that Variance 83-01 is APPROVED subject to the following conditions: 1. The site shall be developed in accordance with the approved site plans on file in the Planning Services Office and conditions contained therein. 2. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance in effect at the time of building permit issuance. 3. Minor Development Review shall be accomplished prior to the issuance of a building permit. 4. 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. 5. 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 22nd day of February, 1983. ATTEST: Marjorie~K~ Wahlsten, City Clerk