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