Res P-84-50RESOLUTION NO. P-84-50
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 84-06
ASSESSOR'S PARCEL NUMBER 314-682-1-12, 14-18
WHEREAS, Variance 84-06, submitted by Barratt-San Diego applicant,
requests to reduce the frontyard setback from 40 feet to 20 feet, the
sideyards from 20 feet to 10 feet for Lots 95-96, and 98, a reduced
frontyard setback from 40 feet to 30 feet and the sideyard from 20 feet
to 10 feet for Lot 97 and 99, and a reduced frontyard setback from 40 to
20 feet and a sideyard from 20 to 15 for Lot 101 and reduced frontyard
and setback from 40 feet to 30 feet and sideyard from 20 feet to 15 feet
for Lot 102 for the property located at the nortwest corner of Twin
Peaks and Pomerado Road, in the RR-C (Rural Residential) zone; and,
WHEREAS, on August 14, 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:
That 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; and
Those special circumstances exist because the original
subdivider of the property provided a minimum standard
subdivision for the then existing RS-4 zone which cannot
accomodate contemporary tract development at the setback
requirements for the new RR-C zoning without variances for
setbacks on specified lots; and
e
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 in that
the building footprints proposed would meet setbacks on other
property in the same vicinity and zone; 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 improvements in such vicinity
and zone in which the property is located and will not
adversely affect vehicular and pedestrian safety on La Manda;
and
Resolution No. P-84-50
Page 2
Be
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
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.
SECTION 2: Environmental Findings:
A categorical exemption has been issued pursuant to the City of
Poway Procedures to Implement the California Environmental Quality
Act.
SECTION 3: City Council Decision:
The City Council hereby finds that Variance 84-06 is approved subject
to the following condition:
The front yard setback may be reduced from 40 feet to 20 plus
the sideyards from 20 feet to 10 feet for Lots 95-96, and 98, a
reduced frontyard setback from 40 feet to 30 feet and the
sideyard from 20 feet to 10 feet for Lot 97 and 99, and a
reduced frontyard setback from 40 to 20 feet and a sideyard
from 20 to 15 for Lot 101 and reduced frontyard and setback
from 40 feet to 30 feet and sideyard from 20 feet to 15 feet
for Lot 102 for the property located at the nortwest corner of
Twin Peaks and Pomerado Road, in the RR-C (Rural Residential)
zone.
APPROVED and ADOPTED by the City Council of the City of Poway, State
of California, this 14th day of August, 1984.
ATTEST:
Bruce J. T~y, ~ayor~ J
Marjori~ K. Wahlsten, City Clerk