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Res P-86-04RESOLUTION NO. P-86-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 85-07 ASSESSOR'S PARCEL NUMBER 275-313-04 WHEREAS, Variance 85-07, submitted by MacIlroy, applicant, requests a reduction of the side yard setback area from 20 to 15 feet to allow the construction of a one-car garage and workshop to an existing single family residence for the property located at 16427 Avenida Florencia, in the Rural Residential C (RR-C) zone; and WHEREAS, on January 21, 1986, 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: e 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 privelges enjoyed by other properties in the vicinity under identical zoning classifications, in that the location of the existing residence and garage, plus the six foot bank in the rear yard limit the site's buidable area; 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 in the same zone and vicinity have constructed similar garages for which variances have been granted; 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, in the similar variances have been granted in the same area; 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, in that similar variances have been granted for properties in the same area; Resolution No. P 86-04 Page 2 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; and 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 85-07 is approved subject to the following conditions: Within 30 days of approval, the applicant shall submit in writing that all conditions of approval have been read and understood. The building addition shall be architecturally compatible (colors, materials, and style) with the existing residence to the satisfaction of the Director of Planning Services. The proposed one-car garage shall provide a ten foot by 20 foot parking area, and the existing garage shall maintain a 20 foot by 20 foot parking area. Prior to issuance of building permit, the applicant shall submit a letter stating the addition will not be converted or used as a separate living unit. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 21 day of January, 1986. Carl R. Kruse, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk