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Res P-93-04 A RE OF T ASSES RESOLUTION NO. P- 93-04 L TI N OF T CITY CO NCIL TT' OF PO Y, CALIF RNIA P '- NG VAR NCE 92-1 R' ARCEL .BER 323- 83-10 WHEREAS, Variance 92-18, submitted by approval of a variance for a 4 foot 8 inch built above at 12947 Standish Drive where a permitted in the RS-7 zone; and Frank L. Johnson, applicant, requests retaining wall with five foot fence six foot total height is the maximum WHEREAS, on January 26, 1993, 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) because it is a minor alteration in land use l' of CEQA (Class The proposed project is with the general plan; in that it is an structure for a single-family home in an area designated for single-family residential use. There are s ecial circumstances applicable to the property (size, shape, top raphy, location or surroundings), or the intended use of the properL , and because of this, the strict application of the Zoning Ordi ance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classif' The unusual circumstances include the four to five foot grade differential between the building pad and adjoining lot to the south. If a retaining wall were not used, there would be only minimal usable area around the perimeter of the house on the subject property. Granting the preservation and enjo by other property in property for which th and fence are necess privacy for the adj properties in the are or its modification, is necessary for the nt of a substantial property right possessed e same vicinity and one and denied to the ariance is sought in hat the retaining wall to provide a usab e side yard area and nt lot similar to hat enjoyed by other Granting the detrimental to the pu' the property or impro r its modification, will not be materially c health, safety or welfare, or injurious to ents in such vicinity and zone in which the Resolution No. P-93-04 Page 2 property is located, because the fence , d wall adjoin an interior side yard and the overheight portion of e fence will be noticeable mainly from the subject lot. The adjacen property owner will see a standard five foot fence which is the m nimum which most property owners desire to maintain privacy. The granting of this var ance does not constitute a special privilege inconsistent with hel upon other properties in the vicinity and zone in wh ch such property is situated, in that other lots in the subdivis on have similar retaining wall/fence combinations along side lines and the variance will secure this right for the subject lot. The granti g of this variance does not allow a use or activity wh ch is not ot erwise expressly authorized by the zoning regulat on governing he property because side and rear property line fenc ng is require by the Zoning Ordinance for smaller single-family lo s. S( ision: The City Council hereby approves Variance 92-18 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. The strip of land at the base of the retaining wall and sidewalk will be planted with drought tolerant shrubs {such as escallonia pittosporum, oleanders, or xylosma) or vines to minimize the visual impact of the over height wall as viewed from the street. The fence height shall step down to three feet or less within the front yard setback. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 26th day of January 1993. ATTEST Resolution No. P-93-04 Page 3 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss. ) 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-93-04 , was duly adopted by the City Council at ameeting of said City Council le 26th day of Janua , 1993, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE VACANCY: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON City fo~o~o~o~o~o~o~o~o~way