Res P-92-44RESOLUTION NO. P-92-44
A RE L T ON OF CITY C UNCIL
OF T T y OF P' Y,
P lNG VA NCE 92- 1
ASSES° R' ARCEL iBER 27 -260-33
WHER AS, Variance 92-11, submitted by Myron Crain, requests
approval o a variance for a 16 foot combined retaining wall and tennis court
fence loca ed at 13371 Summit Circle where a ten feet is the maximum height
permitted n the RR-B zone; and
WHEREAS, on September 15, 1992, the City Council held a duly advertised
public hearing to solicit comments from the public both pro and con, relative to
this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
This project is categorically exempt under the p
5), minor alteration in land use limitations.
of CEQA (Class
1. The proposed project will be consistent with the general plan.
That there are special applicable to the propert
(size, shape, topograph , location, or surroundings), or th
inte ded use f the pro erty, and because of this, the stric
appl cation o the Zoni g Ordinance deprives the property o
priv leges en oyed by o her properties in the vicinity under
iden ical zoni g classifications.
The unusual circumstances include the irregular shape of the lot,
the sloping topography, and the City imposed preservation
constraints. The irregular lot shape coupled with its sloping
topography required that the access driveway wind across the lot to
achieve a lower slope gradient. This in turn has limited the amount
of usable area available for further structural development. In
addition, the City approved g ading plans for the underlying tract
ap required that one on-site ,lifornia Pepper tree be preserved in
ts natural setting. The re ~renced tree further constrained the
ocation of the retaining wal and tennis court and the proximity of
he wall to the court fence because adequate setback from the tree
was required to insure its continued viability.
Granting the or its modification, is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zone and denied to the
property for which the variance is sought in that the retaining wall
and fence are necessary to better utilize the front yard area and
provide adequate privacy screening.
The variance is sought in that the retaining wall is necessary to
site the tennis court and better utilize the sloping front yard
area.
Resolution No. P- 92-44
Page 2
Granting the 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 located in that the 16 foot wall/fence will be screened
by landscaping.
The granting of this variance does not constitute a special
privilege inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated, in that
other lots in the subdivision which have adequate yard space may
construct a tennis court.
The granting of this variance does not allow a use or activity which
is not otherwise expressly authorized by the Zoning Ordinance
governing the parcel of property because tennis courts are allowed
as an accessory use in the RR-B zone.
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 and the site is designated for single-family development
and related accessory uses.
Section 3
The City Council hereby approves Variance 92-11 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.
construction change to grading plan G748-gl showing the new
ocation of the fence and retaining wall shall be submitted to the
ngineering Services Department for approval prior to final
nspection.
APPROVED and ADOPTED by the City Council of the Cit
California, this 15th day of September lgg2.
~of Poway, State of
yor
Marj~ ~ , y l
STATE OF )
) SS.
COUNTY OF SAN DIEGO )
Resolution No. P- 92-44
Page 3
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereb
certify, under the penalty of perjury, that the foregoing Resolution, No. P-
, was duly adopted by the City Council at a meeting of said City Counci
held on the 15th day of 1992, and that it was so adopte
by the following vote:
:44
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
M.a jorie K~
City of~_~ay
~n, City Clerk