Res P-91-73NO. p- 91-73
A OF THE CITY COUNCIL
OF THE CITY OF POWAY,
~ VARIANCE 91-06
, PARCEL NUMBER 317-031-36
WHEREAS, Variance 91-06, submitted by the Penasquitos
Congregation of Jehovah's , applicant, equest approval to
reduce the required 50 foot setback from an a Jacent residential
zone. The applicant seeks to observe a 19 wot setback for a
proposed two-story addition to an existing wors ip hall located at
12337 Meadowbrook Lane in the RS-7 ( 1 Single-Family 7)
zone; and
on October 29, 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: tal :
he project is exempt from tal review. It qualifies
or a Class 5 categorical exemption under CEQA Guidelines
ecause the is a minor alteration to land use
imitations.
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 circumstances applicable to the
property (size, shape, topography, location, or
surroundings) or the intended use of the property, and
because of this, the strict application of the zoning
Ordinance deprives the property of privileges enjoyed by
other properties in the vicinity under identical zoning
classification.
The p inci al need for the setback stems from
the c rcum tance that the original site development plan
for t e su Ject property was appr red by the County and
accor ing County standards an setbacks, which were
less restr rive than current Cty setback standards.
Therefore, the existing church bu lding does not observe
the required 50 foot setback.
Resolution No. p-9t-73
Page 2
T e subject parcel is constrained by a steep 5 foot plus
s ope along the western property line. T e proposed
a dition is to e sited along the ase of his slope.
T e slope shoul provide a substant al phys cal buffer
between the sub ect use and the ad acent vacant Rural
Residential A z ned property to al ow the uses to be
compatible.
C
C
Pomerado Road which observe setbacks of ess than
from adjacent residential single-family zones.
Granting the or its odification, is y
for the preservation and en oyment of a substantial
p opert' right possessed by v her property in the same
v cinit and zone and denied o the property for which
e is sought in tha the will allow
e app icant to construct on-site living quarters for a
aveling minister similar to the caretaker quarters of
Michael's Catholic Church. Ther are als other
rches in the area such as St. Bartho omew's Ep scopal
rch and the Temple Adat Shalom oth loca ed on
0 feet
Granting the variance, or its modification will not be
mat rially detrimental to the public health, safer' or
wel ar , or injurious to the property or improvement in
suc v cinity a d zone in which the property is loca ed,
in ha the 25 oot grade separation between the sub ect
use an the ad acent rural residential property sh uld
provide a subs antial physical buffer between the two
types of land use.
The granting of this variance does not constitute a
special privilege inconsistent with the limitations upon
other properties in th vicinity and zone in which such
property is situated, n that other religious buildings
in the vicinity have een constructed with similar or
lesser setback standar s.
The granting of this does not allow a use or
activity which is not otherwise expressly authorized by
the zoning regulation governin the parcel of property
because the Zoning Ordinance ermits semi public uses
(religious inst ) in r sidential zones with an
approved conditional use permi
Granting the or its modification will not be
incompatible with the City of Poway General Plan.
Secti
~ouncil Decision:
The City Council hereby approves Variance 91-06 subject to the
following conditions:
Resolution No. P-91-73
Page 3
Within 30 days of approval (1) the applicant shall submit
in writing that all conditions of approval have been read
and and (2) the property owner shall execute
a Covenant on Real Property.
The applicant shall obtain a City Council approved
development review and a modification to the existing
County use permit for the proposed church addition prior
to building permit i
The property shall be developed in accordance with the
approved site plan on file with the Planning Services
Department.
Approval of this variance shall not waive compliance with
all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at the time of
building permit
This variance shall become null and void October 29, 1993
if building permits have not been issued.
and by the City Council of
State of California, this 29th day of Oct ~ber 19
ATTEST:
he City of Poway,
1.
Mayor
MarJo Wahlsten, City Clerk
STATE OF )
) ss.
COUNTY OF SAN DIEGO )
Resolution No.
Page 4
P- 91- 73
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 ?q~h day of__
· 1991, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
MarJo~ ~ K. Wahlsten, City Clerk
City f0 f0 f0 f0 f0 f0 f0 f0 f0~oway