Res P-90-04RESOLUTION NO. P-90-04
A 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 23- 51-12
WHEREAS, Variance 89-13, submitted by Sunland Housing Group, Inc., appli-
cant, requests approval of a variance for a 9'3" wall and fence located at 15657
Hidden Valley Lane where a six foot total height is the maximum permitted in the
PRD zone; and
WHEREAS, on January g, 1990, the City Council held a duly
hearing to solicit comments from the public both pro and con,
application.
public
relative to this
NOW, THEREFORE, the City Council of the City of Poway does hereby resolve as
follows:
This project is categorically exempt under the p
minor alteration in land use limitations.
of CEQA (Class 6),
There are s ecial circumstances applicab e to the property size,
hape, topo raphy, location, or ), or the inten ed use of
he 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 unusual cir umstances include the three foot grade
between the sub ect property and adjoining lot and the minimal 15
foot} separatio between the two houses. If a retaining wall w re not
used, there wou d not be adequate access around the perimeter o the
house on the subject property. If the wood fence were reduced o three
feet in height, the property owners would not have the same privacy
enjoyed by other properties in the vicinity.
Granting the or its mod ficatton, is ecessary for the pre-
servation and enjoyment of a subs antial proper y right possessed by
other property in the same vicini y and zone an denied to the property
for which the variance is sought n that the re aining wall and fence
are necessary to preserve adequate access and privacy for existing
homes.
Granting the variance, or its modification, will not be materially
d to the public health, safety or welfare, or injurious to
the property or improvements in such vicinity and zone in which the
Resolution No. P-90-04
Page 2
propert is located, in that the 9'3" wall is screened by existing
buildin s on either side and the open wrought iron fence on the south
propert line assures adequate light and air for the sub-
ject lo .
The granting of this variance does not constitute a special privilege
t with the limitations upon other propertie in the vicinity
and zo e in which such property is situated, in that o her lots in the
subdiv sion have six foot high privacy fencing along s de and rear pro-
perty ines and the variance is necessary to secure th s right for the
subjec lot.
m
The granting of this variance does not allow a use or a tivity which is
not expressly authorized by the zoning regula ion governing
the parcel of property because side and rear property 1 ne fencing
is required by the Zoning Ordinance for smaller single- amily lots
Granting the variance or its modification will not be incompatible with
the City of Poway General Plan because of the minimal nature of the
request.
The City Council hereby approves Variance 89-13 for which plans are on file
in the Planning Services Department, are hereby approved subject to the
following condition:
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.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California this gth day of January, 1990.
Don Higgin;on', ~
ATTEST:
Resolution No. P-90-04
Page 3
STATE OF CALIFORNIA )
) SS.
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-90-04 , was
duly adopt d by the City Council at a meeting of said C ty Council held on the
gth day o , lggO, and that it was so adop ed by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NONE
NONE
R/R-1-2.S-7