Res P-89-73RESOLUTION NO. P- 89-73
A OF TH CITY COUNCIL
OF TH ITY OF POW Y,
A P OVING VARI NCE 89-09
ASSESSO ' PARCEL NU BERS 314-220-05
WHEREAS, Variance 89-09, submitted by Roger Mohling, applicant, requests
approval of a two foot height variance the required height of a property line
wall for the property located at 13625 Adrian Street, in the CG (Commercial
General) zone; and
WHEREAS, on July 25, 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, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
Section 1: E 1Findin! :
This project is catgorically exempt under the
minor in land use
· ' of CEQA (Class 5),
Section 2: Fi dine :
There are special applicable to the property (size,
shape, topography, location, or gs), or the intended use of
the property, and because of this, the strict application of the Zoning
Ordinance deprives the property of privileges enjoyed by other proper-
ties in the vicinity under ' zoning
The wall separating a residential condominium project from three com-
mercial lots directly across the street was approved by a recent
variance to allow for a maximum six foot high masonry wall
and of a five foot high wooden fence on top. The grade
separation in this instance is greater but the net effect will be
comparable.
Granting the or its modification, is for the pre-
and enjoyment 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 in that, ' 1 properties in the
neighborhood along Midland Road have continued to operate
adjacent to the rear yards of residential properties without
benefit of a wall separating the uses.
Granting the or its modification, will not be materially
to the public health, safety or welfare, or to
the property or imp in such vicinity and zone in which the
Resolution No. P- 89-73
Page 2
proper is located, in that a six foot high, masonry wall in conjunc-
tion w th an 18 inch grade separation between the ' 1 and resi-
dentia lots will adequately noise and other unwanted
The granting of this variance does not constitute a special privilege
with the upon other properties in the vicinity
and zone in which such property is in that other
in the same vicinity have ly operated at a lesser standard.
The granting of this variance does not allow a use or activity which is
not by the zoning
the parcel of property'.
6. Granting the variance or its will not be with
the Poway City General Plan.
Section 3: City Council Decision:
The City Council hereby finds that Variance 89-09 is approved subject to the
following conditions:
Within 30 days of approval: (1) The applicant shall submit in writing that
all conditions of approval have been read and and (2) the pro-
perty owner shall execute a Covenant on Real Property.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services and the herein,
2. Prior to any use of the project site or business activity being commenced
thereon, all of approval contained herein shall be completed to
the of the Director of Planning
APPROVED and ADOPTED by the City Council//~the City of Poway,
State
of
California t~is 25th d~LV of July, 1989. // )
Mayor
ATTEST:
No. P- 89-73
-- Page 3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Mar orie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the enalty of perjury, that the No. P-89-73 , was
duly adopt d by the City Council at a meeting of said City Counc the
~day o , 1989, and that it was so adopted by the following
AYES: Goldsmith, Higginson, Kruse
NOES: None
ABSTAIN: None
ABSENT: Brannon, Emery
R/R-7-11.23-25
City of Poway