Res P-91-58NO. P-91- 58
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING VARIANCE 91-08
PARCEL NUMBER 31'
WHEREAS, Variance 91-08, submitted
applicant, requests approval of a variance
inch wall and fence located at 13726
foot total height is the maximum p
by Alice Friemark,
for a nine foot, four
Avenue where a six
in the RS-7 zone; and
on September 10, 1991, the City Council held a duly
advertised public hearing to solicit comments from the public both
pro and con, relative to this application.
NOW, the City Council does hereby resolve as
follows:
Section 1: tal :
This project is categorically exempt under the p of
CEQA (Class 5), minor alteration in land use limitations.
Section 2: Findi~ :
The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
That there are special applicable to the
property (size, shape, topograp v, location, or
ings), 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.
Th unusual circumstances include a three foot grade
di ferential between the sub ect property and the
ad acent large vacant flood lain/floodway property
lo ated west of the project si e. The three foot high
re aining wall has been utilized to elevate the entire
rear yard above the flood plain. Placement of a three
foot high wooden fence above the existing retaining wall
would not allow the subject property owner the same
privacy enjoyed by other properties in the vicinity.
Granting the or its is y
for the preservation and en oyment of a substantial
property right possessed by v her property in the same
vicinity and zone and denied o the property for which
Resolution No. P- 91-58
Page 2
the is sought in that the retaining wall and
fence are y to fully utilize the entire rear yard
and provide adequate privacy screening.
The granting of this does not constitute a
special privilege inconsi tent with the limitations upon
other roperties in the v cinity and zone in which such
proper y is situated, n that other lots in the
subdiv sion have six foot igh privacy fencing along rear
proper y lines and the variance is f to secure
this r ght for the subject lot.
The granting of this variance does not allow a use r
activity which is not otherwise expressly authorized y
the zoning regulation governing the parcel of proper y
because rear property line fencing is required by t e
Zoning Ordinance for smaller single-family lots.
Granting the or its modification will not be
incompatible with the City of Poway General Plan because
of the minimal nature of the request.
Section 3: )uncil
The City Council hereby approves Variance 91-08 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
State of California, this
ATTEST:
by the City Council of t e City of Poway,
10th day of Septrber ~/ 91.
~ahlsten, City Clerk
STATE OF CA )
)
COUNTY OF SAN DIEGO )
SS.
Resolution No. P-91-58
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. , was duly adopted by the City Council
at a meeting of said City Council held on the 10~h day of__
September , 1991, and that it was so adopted by the following
vote:
AYES: EMERY,
NOES: NONE
NONE
ABSENT: NONE
SNESKO,
Marjor/ie~ . Wi ;ten, City Clerk
City o~oway