Res P-93-54RESOLUTION NO. P-93-54
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF P0WAY, CALIFORNIA
APPROVING VARIANCE 93-17
ASSESSOR'S PARCEL NUMBER 273-820-12
WHEREAS, Variance 93-17, submitted by Martin and Sue McNabb, applicants,
requests approval for th [ a six foot property line f :1 on
top of a retaining wall which varies in height from 1 '6" to 3'4" for a I
height of 9'4", for the property located at 16951 Old Espola Road in the RR-C zone.
WHEREAS, on October 26, 1993, the City Council held a duly advertised public
hearing to solicit from the public both pro and con, relative to this
application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
This project is not subject to I review. It is eligible for a
categorical exemption (Class 5) under the provisions of CEQA because it is a
minor in land use I'
The proposed project is with the general plan in that it
provides for proper fencing of a pool area in a residential zone.
There are special i)plicable 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 classifications.
The unusual include grade differential ranging from 1 '6"
to 3'4" between the building pad and the adjoining property to the rear.
The slope deprived the property owner full use of the rear yard area.
Granting the variance, or its modification, is necessary for the
p cl 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 provide a usable rear yard area and security for the new
swimming pool.
Resolution No. P-93-54
Page 2
Granting the variance, or its modification, will not be materially detrimental
to the public health, safety or welfare, or injurious to the property or
imp in such vicinity and zone in which the property is located,
because when viewed from the exterior of the property the fence will appear
to be less than six feet in height.
The granting of this variance does not constitute a special privilege
l with the limitations upon other properties in the vicinity and
zone in which such property is situated, in that unusual
including the grade differential set this lot apart from other similarly zoned
properties.
The granting of this variance does not allow a use or activity which is not
otherwise expressly authorized by the zoning regulation governing the
property because fencing is required by the Zoning Ordinance, state law,
and Chapter 8.52 of the Poway Municipal Code regarding the "
swimming pools.
~cision:
The City Council hereby approves Variance 93-17.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 26th day of October, 1993.
ATTEST:
ahlsten, City Clerk
-- Resolution No. P- 93-54
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing R No. P-93-54 was duly
adopted by the City Council at a meeting of said City Council held on the 26th day
of October , 1993, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjori~ I~ ahlsten, City Clerk
City of PL.p..0]Nay