Res P-89-46NO. P- 89-46
A OF TH CIT' CO NCIL
OF TH ITY OF POW Y, C LIF RNIA
A P OVING VARI ~CE 9-0
ASSESSO ' PARCEL NU ER 14- 93-03
WHEREAS, Variance 89-04, submitted by Robert Childers, applicant, requests a
four foot reduction in the required five foot fencing setback along the western
property boundary of the Park Village project located one-half block east of
Midland Road on Adrian Street in the RC zone; and
WHEREAS, on May 16, 1989, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW,
the City of Poway does hereby resolve as follows:
Section 1: E tal F' dine :
The project is exempt from Review. It qualifies for a Class 5
categorical exemption because the variance is a minor to land use
1
Section 2: Findin¢ :
There are s ecial applicable to the property (size,
shape, topo raphy, location, or surroundings), or the intended use of
the proper , and because of this, the s rict application of the Zoning
Ordinance d prives the prop rt' of privi eges enjoyed by other proper-
ties in the vicinity under d tical zon ng classif' because
the strict interpretation o t e Zoning tandard for fencing would
deprive the future owners o t ese housing units of any usable rear
yard area.
Granting the variance or its mod is for the preser-
vation and of a 1 property right possessed by other
property in the same vicinity and zone and denied to the property for
which the variance is sought.
Granting the variance or its modification will not be materially detri-
mental to the ublic health, safety or welfare, or to the
property or i in such vicinity and zone in which the pro-
perty is loca d, in that the impact of the change will be
mitigated by e installation of matching block pilasters and vine
pockets with andscaping.
The granting of this variance does not a special privilege
with the 1 upon other properties in the vicinity
and zone in which such property is situated.
No. P- 89-46
Page 2
The granting of this variance does not allow a use or activity which is
not expressly ~ by the zoning
the parcel of property.
That the granting of the variance or its modification will not be
with the Poway City General Plan.
Section 3: City Council Decision:
The City Council hereby finds that Variance 89-04 is approved subject to the
following
Within 30 days of approval: (1) The applicant shall submit in writing
that all conditions of approval have been read and understood; and {2)
the property owner shall execute a Covenant on Real Property.
The property shall be developed in accordance with the a proved site
lan and elevations on file with the Planning Services D partment
xcept that the wood fence with slumpstone pilasters wil be placed on
op of the masonry retaining wall. All applicable condi ions of TTM
7-04 and DR 87-19 shall apply.
The.appropriate Building Department approvals shall be received prior
to of
Approval of this variance shall not waive compliance with all other
sections of the Zoning Development Code and all other applicable City
ordinances in effect at the time of building permit
This permit shall become null and void on M
is granted by the City Council.
must be received in the Planning
than 90 days prior to the expiration date o
i , 1990, unless a time
ppl cation for a time
erv ces Department no later
th s permit.
APPROVED and ADOPTED by the City Council of/~h~ City of Poway, State of
California, this 16th day of May, 1989.
ATTEST:
No. P- 89-46
Page 3
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution, No. P-89-46 , was
duly adopted by the City Council at a meeting of said City Counci the
16thday of May , 1989, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
R/R-5-16.3-5