Res P-85-57RESOLUTION NO. P-85-57
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 85-05
ASSESSOR'S PARCEL NUMBER 314-642-19
WHEREAS, Variance 85-05, submitted by Neal Farinholt, appli-
cant, requests a seven foot reduction of the required 30 foot front
yard setback of the RS-2 zone to allow the construction of a garage
addition to the existing residence for the property located at
13633 Del Poniente Road, in the RS-2 (Residential Single Family 2)
zone; and
WHEREAS, on September 3, 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 topography and the
location of existing site elements, or the intended use of
the property, and because of this, the strict application
of the Zoning Ordinance deprives the property of privleges
enjoyed by other properties in the vicinity under iden-
tical zoning classifications;
That granting the variance or its modification is
necessary for the preservation and enjoyment of a substan-
tial 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 con-
tain suitable buildable areas for expansion;
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;
The granting of this variance does not constitute a spe-
cial privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which such
property is situated in that other properties encroach
into the front yard setback at the present time;
The granting of this variance does not not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the parcel of property;
and
Resolution No. P-85-57
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 85-05 is approved
subject to the following conditions:
Construction finishes of new garage structure shall be
architecturally compatible with existing home; and
The original garage area shall not be converted to use as
living area.
The owner shall provide documentation of building permit
issuance for previous conversion of existing garage space
to office. If the owner is unable to provide documen-
tation, the issuance of a building permit along with
payment of appropriate fees will be required.
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 3rd day of September, 198~5. ~
R~obert C. Emery,/~~
ATTEST:
Marjori~K. Wahlsten, City Clerk