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