Res P-92-47RESOLUTION NO. P-92-47
A OF CITY CO NCIL
OF T ITY OF P Y,
o OVING VA CE 92-1
ASSES n' PARCEL BER 314- 74-09
WHEREAS, Va lance 92-12 submitted by Ed applicant, requests
approval for cons ruction of a porch which will observe a 17 foot front yard
setback where a 2 foot setback is required. The property is located at 12514
Holland Place in he RS-7 zone; and
WHEREAS, on September 29, 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:
The City C uncil finds that Variance 92-12 is exempt from the p
of the Cal fornia Environmental Quality Act, as the project is an addition
to an exis lng single-family dwelling (Class 3) and a minor alteration to
land use 1 mitations {Class 5).
e
The proposed project is consistent with the general plan in that it
proposes an expansion to existing residential development on a site
which is designated for residential use.
hat there are special c rcu stances applicable to the property, and
ecause of this, the s tic application of the Zoning Ordinance
eprives the property o pr vileges enjoyed by other properties in
he vicinity under iden ica zoning classification.
The special circumstance associated with the property that support
variance is the fact that the neighborhood was developed prior to
he adoption of the current zoning for the area. The residences in
he community observe a varied front yard setback and in many cases
he setback observation is less than the 25 feet required in the
zone.
That granting the variance or its modification is necessary for the
preservation and enjoyment of a substantial property right possessed
by other property in the same vicinity and zoning for which the
variance is sought.
The subject property is located in an area where the majority of the
residences observe less than the required 25 foot front yard setback
because they were developed prior to the current City zoning being
adopted.
That granting the variance or its modification will not be
materially detrimental to the public health, safety, or welfare, or
to the property or improvements in such vicinity and zone
in which the property is located.
Resolution No. P-92-47
Page 2
The prop sed will not have a negative im act due to th
fact tha the residences in the nei hborhood observe ifferent fron
yard set acks which help to defin and provide an nteresting an
varied s reetscape. In addition, he proposed porc addition wil
enhance he appearance of the exis lng home.
That the granting of thi variance does not constitute a pecial
privilege inconsistent wi h the limitation upon other pro er ies in
the vicinity and zone in hat other properties observe t.e 5 foot
front yard setback due o the fact that zoning stan ar s were
changed in 1983 when Poway's Comprehensive Plan was adop e .
That the granting of this variance does not allow the use or
activit which is not otherwise expressly authorized by zoning
develo ent regulations governing the parcel or property in that the
propose project is an addition to a residential unit in the
Residen ial Single-Family 7 zone.
The City Council hereby approves Variance 92-12 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.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
NTTH THE FOLLONTNG CONDITIONS:
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
This permit shall become null and void on September 29, ]994 if building
permits have not been issued.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 29th day of September, 1992.
ATTEST: ~~
h, Mayor
sten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)
) ss.
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Resolution No. P-92-47
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. P-92-47
, was duly adopted by the City Council at a meeting of said City Council
held on the 29th day of 1992, and that it was so adopted
by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
Marjorie/K.~
City of~,.~
en, City Clerk