Res P-83-08RESOLUTION NO. P-83-08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 83-03
ASSESSOR'S PARCEL NUMBER 314-433-10
WHEREAS, Variance 83-03, sumitted by Roger C. Adams applicant,
requests a reduction in the required rear yard setback from 25 feet to 15
feet for a family room addition for the property located at 14345 Sladon
Court, 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:
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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 R-S-7 zone has a
minimum lot size of 6,000 square feet and the subject lot has an
odd shape, both of which reduce the ability to add to an average
sized home without encroaching into the rear yard setback.
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
previous approvals by the City Council have allowed such rear
yard 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 it is well screened
by landscaping and surrounded by a six foot wooden fence.
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 residences in the vicinity have encroached into
their rear yards and properties in the same zone have been
granted rear yard setback variances.
Resolution No. P-83-08
Variance 83-03
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 family room
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 the variance requested is consistent with the
General Plan.
Section 2: City Council Decision:
The City Council hereby finds that Variance 83-03 is APPROVED subject
to the following conditions:
Site shall be developed in accordance with the approved site
plans on file in the Planning Services office and conditions
contained herein.
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance in effect at the time of
building permit issuance.
Minor Development Review shall be accomplished prior to the
issuance of a building permit.
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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.
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.
PASSED, ADOPTED, and APPROVED by the City Council of the City of
Poway, California, at a regular meeting thereof this 22nd day of February,
1983.
ATTEST:
Marjorii ~. Wahlsten, City Clerk