Res P-84-13RESOLUTION NO. P-84-13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 83-05
ASSESSOR'S PARCEL NUMBER 275-240-31
WHEREAS, Variance 83-05, submitted by Carl Salbach, applicant, requests
to reduce the east and west sideyard setbacks by five feet (from 20 feet to
15 feet) for the property located at 13144 Stone Canyon Road, in the RR-C
(Rural Residential) zone; and
WHEREAS, on January 24, 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:
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 surrounding homes were constructed
using the 15 foot sideyard 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
adjacent properties were constructed with the 15 foot sideyard
setback.
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 residence 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 some of the adjacent homes were constructed with the 15
foot sideyard setback.
Resolution No. P-84-13
Page 2
Se
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 the single family home is consistent with the
residential use of the area.
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 83-05 is APPROV~u subject
to the following conditions:
Approval of this request shall not waive compliance with all
sections of the Zoning Ordinance in effect at the time of
building permit issuance.
2. Minor Development Review shall be accomplished prior to the
issuance of a building permit.
3e
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.
40
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 24th day of January, 1984.
Linda L. Oravec, Mayor
ATTEST:
Marjor~e/K._~ Wahlsten, City Clerk