Res P-91-60NO. P- 91-60
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
APPROVING VARIANCE 91-07
PARCEL NUMBER 3 ~'
Variance 91-07, submitted by Douglas and Paulette
Casady, applicants, request approval of a for a 7' to 11'
high ~ wall and fence to be located along the street side
and rear property line at 14945 Amso Street where a six foot total
height is the maximum permitted in the RS-7 zone; and
on September 17, 1991, the City Council held a duly
advertised public hearing to solicit from the public both
pro and con, relative to this application.
NOW, the City Council does hereby resolve as
follows:
Section 1: I FJ :
This project is categorically exempt under the p of
CEQA (Class 5) because it is a minor alteration in land use
limitations.
Section :
The proposed projec will be consistent with the existing
general plan given he minimal nature of the request and
there is a reasonab e probability that the project will
be 't with he proposed general plan.
There are special circumstances pplicable to the
property (size, shape, topograp y, location or
~s), 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
classif
The unusual circumstances include the one foot to five
foot grade diff between the building pad and
adjoining street and drainag area. The ~ wall
and fence allow the proper y owners to the
usable area in their back yar so that it will be similar
in size to other back yards n the vicinity.
Granting the or its odification, is y
for the preservation and en oyment of a substantial
property right possessed by ~ her property in the same
vicinity and zone and denied o the property for which
the is sought in that the retaining wall and
_ Resolution No. p-91-60
Page 2
fence are y to provide a usable rear yard area
with security and privacy for their pool and spa.
Granting the or its will not be
materially detrimental to the public health, safety or
welfare, or injurious to the p operty or improvements in
such vicinity and zone in whic the pro erty is located,
because the fence and wall ad oin a st eet and drainage
easement rather than adjoinin other bu ldlng sites, and
existin houses across the sir et from t e wall/fence are
away from the proposed fencing. In addition,
the des gn of the wall, with its combination of wood and
brick, s complementary to adjacent development.
The granting of this variance does not constitute a
special privilege inconsi tent with the limitations u on
other properties in the v cinity and zone in which s h
property is situated, n that other lots in e
subdivision have six foot igh privacy fencing along s e
and rear property lines and the variance will secure t s
right for the subject lot.
The granting of this does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the property because side
and rear property line fencing is required by the Zoning
Ordinance for smaller single-family lots.
mil Decision:
The City Council hereby approves variance 91-07 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 17th day of September 1991.
J J
ATTEST: ~ ~
by the City Council of he City of Poway,
yor
No. P-91- 60
Page 3
STATE OF )
COUNTY OF SAN DIEGO )
I, MarJorie K. City Clerk of th City of Poway, do
hereby certify under penalty of perjury that t e foregoing
Resolution, No. P-91-60 , was duly adopted by he City Council at
a meeting of said City Council held on the 17t day of September,
1991, and that it was so adopted by the follow ng vote:
AYES: EMERY, MCINTYRE, SNESKO, GOLDSMITH
NOES: NONE
NONE
ABSENT: HIGG INSON
~en, City C]
City o~oway