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Res P-89-89RESOLUTION NO. P- 89-89 A OF T CIT C NCIL OF TH T OF PO Y, C LI RNIA A P V NG VAR NCE g- ASSESSOR' R EL NUM RS 2 5- 2-36, 06 WHE EA , Variance 89-08, subm tted by Allan Royster, applicant, requests approva o a five foot variance o required minimum lot width for Lot 2 of TTM 88-13 a t e southwest corner of tone Canyon Road and Country Squire Drive in the RS- ( esidential Single-fami y 4) zone; and WHEREAS, on August 22, 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 1Ftnd~ : This project is catgorically exempt under the provisions of CEQA {Class 5), minor in land use limitation. Section 2: Find : There are s ecial applicab e to the property size, shape, topo raphy, location, or surround ngs), or the inten ed use of the propert , and because of this, the s rict application o the Zoning Ordinance d prives the property of privi e es enjoyed by ot er proper- ties in the vicinity under identical zon n classifications. The sub- ject lot contains a 18 fo t wide sew reas ment along the length of the we terl property 1 ne. he propose subd vision is an in-fill project wh ch i constraine on tree sides y existing development making it di ficut to reconf gure he propose lots to provide minimum required lo wid h, while re aining minimum required lot area. e Granting the variance, or its modification, is necessary for the pre- and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought. Properties directly adjacent to the east, specifically Parcels 2, 3, 6, 11, 14, and 15, Book 275, page 740, possess less than 70 foot lot widths at the front setback lines. 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 that a home of standard width and depth can still be constructed on the lot and comply with required setbacks. Resolution No. P- 89-89 Page 2 m The granting of this variance does not constitute a speclal privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, in that other in the same vicinity have been using similar lot widths. 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. Granting the variance or its modification will not be incompatible with the Poway General Plan. The City Council hereby finds that Variance 8g-08 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 understood; 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 Department and the conditions contained herein. e Future homes plotted for Lots 1 and 2 shall meet minimum setbacks. The building design shall not contain architectural features which encroach into the sewer or stormdrain easements. Prior to any use of the project site all conditions of approval contained herein shall be completed to the satisfaction of the Director of Planning Services. 4. The variance approval shall expire on August 22, 1990 unless an application for a time extension is received 90 days prior to expiration in accordance with the City's Zoning Development Code. APPROVED and ADOPTED by the City Council of/X~le Cityof Poway, State of California this 22nd day of August, 1989. , Kruse, Mayc ATTEST: No. P- 89-89 Page 3 STATE OF CALIFORNIA ) ) $$o COUNTY OF SAN DIEGO ) I, Mar orie K. Wahlsten, City Clerk of the City of oway, do hereby certify, under the enalty of perjury, that the foregoing Resolu ion, No. , was duly adopt d by the City Council at a meeting of said C ty Counci the 22nd.day o , 1989, and that it was so adop ed by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON BRANNON, EMERY, GOLDSHITH, KRUSE R/R-8-22.6-8