Res P-83-12RESOLUTION NO. P 83-]2
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE, VAR 83-02
ASSESSOR'S PARCEL NUMBER 317-212-08
WHEREAS, Variance VAR 83-02, submitted by Holly L. Turner, applicant,
requests to increase the allowable fence height from six to eight feet in
the R-R-1 (Rural Residential) zone, located at 12728 Pomerado Road; and
WHEREAS, on March 8, 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:
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 lower elevation of the subject
property relative to surrounding properties limits the privacy of
the residents.
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 in that
fences are permitted on all lots with identical zoning and as a
request of the property's elevation, an eight foot fence is
needed to reduce noise and provide privacy.
30
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 fence will not
impair access for emergency vehicles.
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 the lower elevation of the lot places limitations upon
the privacy of the residents.
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 because fencing is allowed in all
residential areas.
RESOLUTION NO. P 83-12
Page 2
6. That granting the variance or its modification will not be
incompatible with the Poway City General Plan.
Section 2: City Council Decision:
The City Council hereby finds that Variance 83-02 is APPROVED subject to
the following conditions:
Site shall be developed in accordance with the approved site
plan on file in the Planning Services Department and the
conditions contained herein.
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance and all other applicable City
Ordinances in effect at time of building permit issuance.
3. Minor Development Review shall be accomplished prior to the
issuance of a building permit.
The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric 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.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 8th day of March, 1983.
ATTEST:
jorie ~.~Wahlsten, City Clerk
Mary L. ~epardso6, Mayor