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Res P-84-32RESOLUTION NO. P-84-32 A RESOI/3TION OF THE CITY COUNCIL OF THE CITY OF PGWAY, CALIFORNIA APPROVING VARIANCE 84-03 ASSESSOR'S PARCEL NUMBER 316-130-07 WHEREAS, Variance 84-03, submitted by William and Sue Farrant, applicants, requests a variance to allow an eight (8) foot high fence for noise attenuation for the property located at 11965 Allbrook Drive, in the R-S-7 (Single Family Residential) zone; and WHEREAS, on May 22, 1984, the City Council reviewed and con- sidered this application; NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Findings: e 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. 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 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 in~prover~nts in such vicinity and zone in which the property is located; and e 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. Bo e 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. That granting the variance or its modification will not be incompatible with the Poway City General Plan. Resolution No. P-84-32 Page 2 Section 2: City Council Dec~sion: The City Council hereby finds that Variance 84-03 is APPROVED subject to the following conditions: 5 The subject variance shall expire and become null and void one year from the date of approval unless building permits for the approved wall/fence have been issued. A horizontal trim shall be attached to top of fence and the solid wood fence shall be painted to blend with fences adjacent to that fence to the satisfaction of the Director of Planning Services. 3. The existing grape-stake fence shall be removed in order to reduce the potential accumulation of litter and weeds. 4. The south facing surface of the fence (Poway Road side) shall be covered with verticle l"x8"x8' cedar boards in keeping with the design of the existing wall at 11947 Allbrook Drive. 5. The 8' fence maybe relocated to the rear property line. Should the 8' fence remain set back from the property line, landscaping shall be provided between the public right-of- way and the 8' fence. APPROVED and ADOPTEDby the City Council of the City of Poway, State of California, t~is 22nd day of May, 1984. ATTEST: M~jorie K. Wahls~en, Ci'ty C~ .~rk