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