Res P-91-06RESOLUTION NO. P- 91-06
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING 90-12 AND
MINOR REVIEW 90-79
PARCEL NUMBER 3
90-12 and Minor Development Review 90-79,
submitted by Leroy C. Marten, applicant, requests approval to allow
a seven foot encroachment of a tennis court fence into the required
front yard setback at 13959 Arbolitos Drive in the PC (Planned
Community) zone; and
on January 15, 1991, the City Council held a duly
advertised public hearing to solicit comments from the public, both
pro and con, relative to this application.
Section
The City Council finds that 90-12 and Minor
Development Review 90-79 are exempt from the p of the
California tal Quality Act, Categorical Exemption
Class 5, as it is a minor alteration to land use limitations.
Section 2: Fin :
That there are special circumstances applicable to the
property, and because of this, the strict application of
the zoning development deprives the property of
privileges enjoyed by other properties in the vicinity
under identical zoning classification.
The property is "L" shaped in configuration and slightly
irregular in width within the area proposed for the
tennis court.
That granting the or its is
y for the p and enjoyment of a
substantial property right possessed by other property
in the same vicinity and zone for which the variance is
sought.
Two other Palisades properties contain tennis courts, and
a from required front yard setback was granted
to one of the two.
That granting the variance or its modification will not
be mat rially detrimental to the public health, safety,
or wel are, or injurious to the property or improvements
in suc vicinity and zone in which the property is
locate
Resolution No. p-91-06
Page 2
Fencing of the tennis court shall not contain wind
screening and landscaping shall not obstruct visibility
to the pedestrian walkway which is located on the
and eastern p of the court.
The granting of this does not constitute a
special privilege ten with the upon
other properties in the vicin ty and zone n which such
property is situated in tha the any lo within the
Palisades project area which contains adequa e yard space
may t a tennis court.
The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
zoning regulations governing the parcel of property, in
that tennis courts are considered a permitted y
in any residential zone.
That the ranting of the or its modification
will not b incompatible with the Poway General Plan in
that the si e is designated for single-family development
and relate y uses.
Council
The City Council hereby approves Variance 90-12 and Minor
Development Review 90-79 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 property owner shall execute
a Covenant on Real Property.
The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the
reasonable use and enjoyment of surrounding residential
and semi public uses.
SHALL CONTACT THE OF
WITH THE
The site shall be developed in accordance with the approved
site plan and elevations on file in the Planning Services
Department.
The appropriate Building Department approvals shall be
received prior to initiation of construction.
Wind screening or other view obstructing material shall not be
placed on the tennis court fencing.
No. P-91-06
Page 3
Landscaping surrounding the perimeter of the court shall not
obstruct views to the pedestrian walkway from the street or
from neighboring lots.
This permit shall become null and void on January 15, 1993 if
building permits have not been issued.
SHALL CONTACT THE OF
WITH THE
The site shall be graded in compliance with a City approved
grading plan and permit if the project will require the
t of more that 50 cubic yards of soil or a change in
grade of more that one foot elevation.
and
State of California, this
ATTEST:
by the City Council of the City of Poway,
15th day of January, 199~.
J( y~
STATE OF )
)
COUNTY OF SAN DIEGO )
SS.
Resolution No. P-91-06
Page 4
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-91-06 , was duly adopted bY ~he City Council
at a meeting of said City Council held on the15th day of
J , 1991, and that it was so adopted by the ~
vote:
AYES: EMERY,
NOES: NONE
NONE
ABSENT: NONE
SNESKO, GOLDSMITH
REPORT\
MarJorie hlsten, City Clerk
City o~ Poway