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