Res P-90-96NO. P-90-96
A OF THE CITY
OF THE CITY OF POWAY, CA
S VARIANCE
ASSESSOR'S PARCEL NUMBER
COUNCIL
90-11
323-451-51
Variance 90-11, submitted by Sunland Housing Group,
Inc., applicant, requests approval of a for a nine foot
wall and fence located at 13510 Spruce Lane where a six foot total
height is the maximum permitted in the PRD zone; and
pro and
on 18, 1990, the City Council held a duly
public hearing to solicit from the public both
con, relative to this application.
NOW,
follows:
the City Council does hereby resolve as
Section 1: Envi 1 t :
This project is categorically exempt under the provisions of
CEQA (Class 5), minor alteration in land use limitations.
Section 2: Findir :
That there are special circumstances applicable to the
property (size, shape, topograp v, location, or
surroundings), or the intended use o the property, and
because of this, the strict applica ion of the Zoning
Ordinance deprives the property of pr vileges enjoyed by
other properties in the vicinity under identical zoning
classifications.
The unusual circumstances include the three foot grade
differential between the subject property and adjoining
lot and the minimal (17 foot) separation between the two
houses. If a retaining wall were not used, there ould
not be adequate access around the perimeter of the use
on the subject property. If the wood fence were re ced
to three feet in height, the property owners woul not
have the same privacy enjoyed by other properties in the
vicinity.
Granting the variance, or its odification, is y
for the preservation and en oyment of a substantial
roperty right possessed by v her property in the sam
icinity and zone and denied o the property for whic
he variance is sought in that the retaining wall an
ence are y to preserve adequate access an
privacy for existing homes.
Resolution No. P-~-96
Page 2
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
in that the nine foot wall is screened by existing
buildings on either side.
The granting of this does not onstitute a
special privilege inconsistent with the lim rations u on
other properties in the vicinity and zone n which s ch
property is situated, in that other ors in he
subdivision have six foot high privacy fencing along s de
and rear property lines and the variance is y to
secure this right for the subject lot.
The granting of this does not allow a use or
ctivity which is not otherwise expressl- authorized by
he zoning regulation governing the par 1 of property
ecause side and rear property line fenc ng is required
y the Zoning Ordinance for smaller sing e-family 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.
Section 3:
The City Council hereby approves Variance 90-11 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
understood; and (2) the property owner shall execute a
Covenant on Real Property.
and by the City Council of the City of Poway,
State of California, this 18th day of December 1~90.
MarjoriE 4. Wahlsten, City Clerk
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
Resolution No. P-90-96
Page 3
I, MarJorie K. Wahlsten, City Clerk of the City of Poway, do
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-~-96 , was duly adopted b~t~he City Council
at a meeting of said City Council held on the day of
December , 1990, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
MarJo ahlsten, City Clerk
City of Poway