Res P-84-05RESOLUTION NO. P-84-05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 83-07
ASSESSOR'S PARCEL NUMBER 314-220-10
WHEREAS, Variance 83-07, submitted by Kenneth Kelly, applicant,
requests to encroach nine feet into the rear yard setback for the property
located at 14030 Brighton Avenue, in the CG (Commercial General) zone; and
WHEREAS, on January 10, 1984, 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:
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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 similar commercial activities exist on one
adjacent and nearby properties.
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
similarly sized commercial lots exist on the adjacent lots on
Brighton Avenue.
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 storage building
will be constructed according to all City-adopted building and
zoning codes.
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 five similarly sized commercial lots have been created on
the adjacent properties along Brighton Avenue.
Resolution No. P-84-05
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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
construction of a storage building is consistent with the uses
permitted in the General Commercial zone.
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That granting the variance or its modification will not be
incompatible with the Poway City General Plan because the General
Commercial zone use of the variance requested is consistent with
the General Plan.
SECTION 2: City Council Decision:
The City Council hereby finds that Variance 83-07 is APPROVED subject
to the following conditions:
This approval shall permit the 9 foot encroachment of a two-story
storage building into the commercial rear yard setback.
The applicant shall be responsible for the improvement of the
alleyway adjacent to the property to a distance equal to the width
of the lot. Said improvements shall be to the satisfaction of the
Directors of Fire and Public Services. The improvements may be
deferred through some form of security acceptable to the Director
of Public Services until such time that the full length of the
alleyway is improved. The security deposit shall be submitted
prior to building permit.
.3. The 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.
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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 Electrical Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the time
of approval of this project.
Resolution No. P-84-05
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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 10th day of January, 1984.
Linda L. Oravec, Mayor
ATTEST:
Marjori~ ~. Wahlsten, City Clerk