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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