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Res P-98-01RESOLUTION NO. p-98-o~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING VARIANCE 97-12 ASSESSOR'S PARCEL NUMBER 317-500-88 through 91 WHEREAS, Variance 97-12 submitted by Miles Lovelace, applicant, requests approval to allow the combined height of a retaining wall and rear yard fencing of Lots 1 - 4 of Map 13270 to be 10 feet when th height allowed in the zone is 6 feet. The subject property is located at 12718 Oak Knoll Road within the Residential Single Family 7 zone. WHEREAS, on January 6, 1998, 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 follows: Section 1: E Iai Fin~ The City Council finds that Vadance 97-12 is not subject to the California E Quality Act in that it is a minor alteration to land use limitations. Section 2: Findin The proposed project' : with the General Plan in that it proposes th : rear yard privacy fencing on lots which are designated for residential use. That there are special applicable to 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 classification. The special is because of the relatively fiat topography of the site it 'y to use a retaining wall to create building pads that will effectively drain to the street. While the installation of 6 foot high, rear yard fencing on Lots 1-4 will result in a combined wall/fence height which exceeds the 6 foot standard from outside of the project, it will also result in the p : the rear and side yard pdvacy for the existing adjacent single family residences. That granting the variance or its modification is necessary for the preservation and enjoyment of a substantial property dght possessed by -- Resolution No. P-98-01 Page 2 other property in the same vicinity and zoning for which the vadance is sought. The variance will allow the applicant to install 6 foot high rear yard fencing which will provide rear and yard privacy on the subject lots as well as preserve the pdvacy of the rear and side yards of the existing adjacent single family residences. That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare, ' ' to the property or imp ~ vicinity and 3ich the property is located. That the granting of this variance does not constitute a special privilege I with the I 3on other properties in the vicinity and zone in that many single family residential properties throughout the City enjoy rear yard privacy made possible by the installation of sufficient height fencing. That the granting of th' does not all :y which is not otherwise expressly authorized by the zoning development regulations governing the pamel or property in that the proposed project is the installation of rear yard fencing on residential properties. Section 3: C )uncil Decision: The City Council hereby approves Variance 97-12 subject to the following conditions: Within 30 days of approval the applicant shall submit in writing that all conditions of approval have been read and understood, APPLICANT SHALL CONTACT THE DEPAI ,NT OF PLANNING SERVI¢ REGARDING COMPLIANCE WITH THE FOI ~INi ;ONDI )NS: The site shall be developed in accordance with the approved site plan and elevations on file in the Planning Services Department. 2. The appropriate Building Department approvals shall be received prior to initiation of construction. -- Resolution No. P-98-01 Page 3 This permit shall not been issued. I and void on January 6, 2000, if building permits have APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 6th day of January, 1998. Don Higginson, Ma~dr ATTEST: Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjode K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. ?- was duly adopted by the City Council at a meeting of said City Council held on the 6 tn day of a=- 1998, and that it was so adopted by the following vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE EMERY, GOLDBY, Marjorie I~. Wahlsten, City Clerk City of~j~way