Res P-89-139RESOLUTION NO. P- 89-139
A RE L TI N OF TH CIT CO NCIL
OF T IT OF POW Y, C LIF RNIA
P OV NG VARI NCE 9-1
ASSESS ' P RCEL NU BER 75- 80-07
WHEREAS, Variance 89-18, submitted by Dr. and Mrs. Jame Hill, a plicant ,
request approval of an eight and seventeen foot variance o the re uired m nimum
front yard and five-foot encroachment into the required s de yard etback or
the property located at 12900 Camino del Valle in the RR-- {Rural esident al)
zone; and
WHEREAS, on November 14, 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: :
This project is categorically exempt under the provision of CEQA {Class 1),
additions to existing structures.
Section 2: F
There are s ecial circumstances applicable to the property size,
shape, topo raphy, location, and surroun ings), or the inte. ded use of
the propert , and because of this, the s rict application o the Zoning
· rdinance d prives the property of privi eges enjoyed by ot er proper-
les in the vicinity under identical zon ng classifications. The sub-
ect single-family home observe the same side yard setbacks as the
.ajority of older homes in the reen Valley area which were built to a
5 foot minimum standard under ounty zoning criteria, and there are
hree homes in the immediate ne ghborhood which observe similar front
yard
Granting the or its modification, is necessary for the preser-
vation 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 in that the front entry to the home is
oriented forward on the existing circular driveway over which the porte
cochere is to be located.
Granting the or its modification, will not be materially
detrimental to the public ealth, safety or welfare, or injurious to
the property or improvemen s in such vicinity and zone in which the
property is located in tha the former and present additions meet all
requirements under the uni orm building code.
e
Granting o this variance does not constitute a s ecial privilege incon-
sistent wi h the limitations upon other propertie in the vicinity and
zone in wh ch such property is situated in that o her in the
same vicin ty have been constructed observing sim lar setbacks.
Resolution No. P-89_139
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, in that an to a
single-family residence is a permitted structure.
e
Granting the variance or its modification will not be incompatible with
the Poway General Plan in that this is a use of the property.
Section 3: Cit~ Jsion:
The City Council hereby finds that Variance 89-15 is approved subject to the
following conditions:
Within 30 days of approval: (1) The applicant shall submit in writing that
all of approval have been read and ~; and {2) the prop-
erty 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 with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
e
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.
e
The variance approval shall expire on November 14, 1990 unless an applica-
tion for a time extension is received 90 days prior to expiration in accord-
ance with the City's Zoning Development Code.
APPROVED and ADOPTED by the City Council of/t-~e City of Poway, State of
California this 14th day of November, 1989.I 1
Carl R. Kruse, Mayor
ATTEST:
Resolution No. P-89-139
Page 3
STATE OF )
) $$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. P-89-139 , was
duly adopt d by the City Council at a meeting of said C ty Council held on the
14th.day o November , 1989, and that it was so adop ed by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
NONE
NONE
NONE
City oft P~p_u~ay
cie k
R R-11-14.12-14