Res P-90-14RESOLUTION NO. P- 90-14
A OF CIT CO NCIL
OF T IT OF P Y, C LIF RNIA
P OV NG VA NCE 9-1
ASSESS ' P RCEL BER 75- 31-01
WHEREAS, Variance 89-18, submitte
approval of a ten foot variance to
property located on Lot 2 of City o
of Indian Trail in the RR-C (Rural
by Mic ael Vladic, applicant, requests
he requ red minimum sideyard setback for the
Poway ract 88-07, at the western terminus
esident al C) zone; and
WHEREAS, on February 13, 1990, the City Council held a duly
public hearing to solicit co~ents 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: tal :
This project is categorically exempt under the provisions of CEQA {Class 3).
Section 2: F :
There are s ecial circumstances applicable to the property size,
hape, topo raphy, location, and surroun ings), or the inte. ded use of
he propert , and because of this, the s rict ap lication o the Zoning
rdinance d prives the property of privi eges en oyed b ot er proper-
les i the vicinity under identical zon ng clas ificat ons. The sub-
ect s ngle-family home would observe the same s de yar setbacks as
he ma ority of lder homes in the Green Valley area wh ch were built
o a I - 15 foo minimum standard under County zoning criteria, and
here are seven omes in the immediate neighborhood which observe simi-
ar side yard se backs.
Granting the variance, or its mod fication, is necessa y for the pre-
servation and enjoyment of a subs antial property righ poss ssed by
other property in the same vicini y and zone and denie to t e property
for which the variance is sought n that the house nee s to e posi-
tioned within a narrow building envelope bounded on three si es by a
massive boulder outcrop.
m
Granting the variance, or its modifica ion, will not be materially
detrimental to t e public health, safe y or welfare, or to
the property or mprovements in such v cinity and zone in which the
property is loca ed in that the home w ll meet all requirements under
the uniform bull lng code, and all other Municipal Code standards.
®
Granting of this variance does not constitute a special privilege incon-
sistent with the limitations upon other properties in the vicinity and
zone in which such property is situated in that other in the
immediate vicinity have been constructed observing similar setbacks.
No. P-gO-14
Page 2
The granting of thls variance does not allow a use or activtty which is
not otherwise expressly authorized by the zoning regulation governing
the parcel of property, in that a single-family is a per-
mltted structure.
5
Granting the variance or its modification will not be Incompatible with
the Poway General Plan In that thls ts a residential use of the prop-
erty, and part of an 1n-fl11 project.
=unctl Decision=
The City Council hereby finds that Variance 89-18 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 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 accordance with the approved site plans on file
in the Planning Services and the herein.
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.
3. The variance approval shall expire on February 13, 1992.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
this 13th day of February, 1990.
Don Higglnsc
ATTEST:
No. P- 90-14
Page 3
STATE OF )
) SS,
COUNTY OF SAN D[EGO )
[, Nar orie K. Ctty Clerk of the City of oway, do hereby certify,
under the enalty of perjury, that the foregoing Resolu Ion, No. P-90-}4 , was
duly adopt d by the CIty Council at a meeting of said C ty Counc11 held on the
l~th day o , 1990, and that it was so adop ed by the following
vote:
AYES: BRANNON, EMERY, GOLDSMITH, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: KRUSE
R/R-2-13.1-3
City of PoWay