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