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Res P-84-28RESOLUTION NO. P-84-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 84-02 ASSESSOR'S PARCEL NUMBER 317-190-21, 26, and 41 WHEREAS, Variance 84-02, submitted by Poway Creek Center, Ltd. applicant, requests reduction in the rear yard setback from 25 feet to 20 feet for Building E for the property located on the South side of Poway Road between Midland Road and Gate Drive, in the CC (Commercial Community) zone; and WHEREAS, on May 1, 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: 1. That there are special circumstances applicable to the property or the intended use of the property, in that the small size and peculiar shape of the property on the south side of Poway Creek will not permit Building E to be setback the required 25 feet, 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; and 2. 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; and o 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; and 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; and 5. The granting of this variance does not allow a use or an activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property; and 6. That granting the variance or its modification will not be incompatible with the Poway City General Plan or the Pauguay Redevelopment Area. Resolution No. P-84-28 Page 2 SECTION 2: Environmental Findings: The City Council hereby finds that Variance 84-02 is approved. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 1st day of May, 1984. Bruce J. Tarzy~/Mayor ~' J ATTEST: Ma~jori~K. Wah~sten,/City~ClerK