Res P-83-29RESOLUTION NO. P-83-29
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
DENYING VARIANCE 83-04
ASSESSOR'S PARCEL NUMBER 317-560-31
WHEREAS, Variance 83-04, submitted by Edwin Brassington, applicant,
requests a reduction of the interior sideyard setback area from five feet
to property line for the construction of a garage for the property located
at 12514 Robison Boulevard, in the R-S-7 (Residential Single Family) zone;
and,
WHEREAS, on May 31, 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:
That there are not 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.
That granting the variance or its modification is not 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.
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.
The granting of this variance does constitute a special privilege
inconsistent with the limitations upon other properties in the
vicinity and zone in which such property is situated.
5o
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 the accessory
structure is for residential purposes.
Resolution No. P-83-29
Page 2
That granting the variance or its modification will be
incompatible with the Poway City General Plan.
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 31st day of May, 1983.
ATTEST:
Linda L. Oravec, Mayor