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Res P-85-17RESOLUTION NO. P-85-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 85-02 ASSESSOR'S PARCEL NUMBER 275-102-09 WHEREAS, variance 85-02, submitted by Mark and Linda Clifton, applicant, requests a reduction of the required side yard setback area of the RR-C (Rural Residential) zone from 20 feet to eight feet to allow the construction of a three car attached garage for the property located at 16550 Orchard Bend Road in the RR-C (Rural Residential) zone; and WHEREAS, on April 9, 1985, 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; J 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; 0 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; 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; e 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 Resolution No. P-85-17 Page 2 That granting the variance or its modification will not be incompatible with the Poway City General Plan. SECTION 2: City Council Decision: The City Council hereby finds that Variance 85-02 is approved subject to the following conditions: 1. The garage shall be architecturally compatible with the existing residence; and e The proposed garage will not be constructed upon the easement granted to Pacific Iron and Steel Company and as identified in the Title Report. The exact location of said easement shall be verified prior to building permit issuance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, ATTEST: this 9th day of April, 1985~.~ ~-.. _ / Robert C. Emery, Mayoy M~jorie K. Wahlst~n, 'Ci(y Cl~frk