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Res P-85-34RESOLUTION NO. P-85-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 85-04 ASSESSOR'S PARCEL NUMBER 275-590-10 WHEREAS, Variance 85-04, submitted by Robert A. Werve, applicant, requests a reduction of the required side yard setback of the RR-C (Rural Residential) zone from 20 feet to 15 feet to allow the construction of a room addition to the existing residence for the property located at 13432 Calle Colina, in the RR-C (Rural Residential) zone; and, WHEREAS, on June 18, 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, specifically the lot's configuration and the location of existing site elements (i.e. house and pool) 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 in that the pie shape configuration and the location of the pool limit development; 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 other properties contain suitable buildable areas for expansion; 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; 0 The granting of this variance does constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated in that other properties with similar constraints have been granted variances for reduction of side yard setback requirements; Resolution No. P-85-34 Page 2 o 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 e 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 85-04 is approved subject to the following conditions: Adequate screening in the form of fencing, trees and plant materials shall be provided on northeast and north street sides of the property prior to final inspection to the satisfaction of the Director of Planning Services; and 0 The building addition shall be architecturally compatible (colors, materials, and style) with the existing residence to the satisfaction of the Director of Planning Services. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 2~th day of June, 1985. ATTEST: ~ Marjorie~,K. Wahlsten, City Clerk