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HomeMy WebLinkAboutReso 1975-7933RESOLUTION N0. 7933 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL OF FLORENCE J. HIGGS FROM THE PLANNING COP'1R'IISSION APPROVAL OF A VARIArdCE PCV-75-13 TO JOSEPH BUSH AND P~ICHAEL BUSH FOR REDUCTION IN STREET FRONTAGE AND LOT DEPTH FOR PROPERTY AT TOYON LANE AND E STREET The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore at their meeting of October 14, 1975 held a public hearing to consider the appeal of Florence J. Higgs from the Planning Commission approval of a vari- ance PCV-75-13 to Joseph Bush and Michael Bush for reduction in street frontage and lot depth for property at Toyon Lane and E Street, and WHE REA5, based upon the testimony received at the hearing and the report of the staff, the City Council approved the findings of the Planning Commission as contained in variance Resolution No. PCV-75-13, attached hereto and incorporated herein by reference as if set forth in full, and made such findings of their own. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the appeal of Florence J. Higgs from Planning Commission approval of a variance PCV-75-13 to Joseph Bush and Michael Bush for reduction in street frontage and lot depth for property at Toyon Lane and E Street be, and the same is hereby denied. Presented and Approved as to Form by _ ~_ ~~~ ~ .~:~fi ~ /~ George Lindberg, City Atto ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 28th day of October ~ 19 ~5 r by the following vote, to-wit: AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton, _ - _ NAYES: ABSENT: Councilmen ATT ~' \: City 'Cle'rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) Mayor of the City of Chula Vista I, ~ Chula Vista, California, DO HEREBY CERTIFY true and correct copy of Resolution No. not been amended or repealed. DATED Councilmen None None City Clerk of the City of that the above is a full, . and that the same has City Clerk i VARIANCE RESOLUTION N0. PCV-75-13 RESOLUTION OF THE CITY PLANNING COMMISSION GRANTING A ZONE VARIANCE WHEREAS, Joseph Bush and Michael Bush, owners of a 20,000 sq. ft. parcel located at the northeast corner of E Street and Toyon, more fully described in the application for zone variance which Eras been filed on said property for reduction of lot frontage from 60 feet to 24 feet on one lot and average lot depth from 110 feet to 72.5 feet fora second lot to be created by dividing the property into two parcels, and WHEREAS, the City Planning Commission has duly scheduled the same for hearing and the same came on regularly for hearing and the hearing was closed, and evidence having been presented to the Planning Commission concerning granting or denying of said variance, and WHEREAS, the Commission finds that in accordance with the Negative Declara- tion on IS-75-55 this project would not have any possible significant impact on the environment, and certifies that the Negative Declaration was prepared in conformance with CEQA, 1970, as amended. NOW THEREFORE, the City Planning Commission of the City of Chula Vista does hereby find as follows: a. That a hardship peculiar to the property and riot created by any act of the owner exists. The shape and topography of this property are the result of the realignment of "E" Street in 1963, which rendered the property extremely difficult to develop in a reasonable manner under the standard zoning ordinance require- ments. b. That such variance is necessary for the preservation and enjoyment of sub- stantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance would not constitute a special privilege of the recipient not enjoyed by his neighbors. A 0.9 acre parcel which did not have the unique problems of this property could be subdivided into approximately 4 lots in the R-1 zone. This property, with a variance, can accommodate only two lots, thereby partially securing equal property rights with other owners of R-1 land in this area. c. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair ttre purposes of the Code or the public interest. . The addition of two single family homes to this R-1 area will be compatible with, and of no detriment to, existing homes. This vacant property, now ~~ ~~ ~ ,~ ~. within an urbanized area of the City, would be improved with landscaping and street improvements would be installed. A noise analysis conducted for the property indicates that the maximum noise level from E Street of 63 dBA will not adversely affect future residents of these two homes, which would be built 16'-20' above and 40't away from the nearest travel lane. d. The authorizing of such variance will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any governmental agency. The creation of two lots in this area conforms to the R-1 zone and is consistent with the land use element of the General Plan, which designa±es the area as "Medium Density Residential 4-12 DU/Acre." The proposal also complies with the policies of the Noise Element and the Scenic Flighways Element. NOW, THEREFORE, BE IT RESOLVED BY THE CITY PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA: That a variance is granted to Joseph Bush and Michael Bush to allow reduction of lot frontage from 60 feet to 24 feet on one lot and average lot depth from 110 feet to 72.5 feet for a second lot, created by dividing a 20,000 sq. ft. parcel at the northeast corner of E Street and Toyon Lane, subject to the following conditions: 1. A parcel map shall be filed to create the two lots. The map shall include the entire existing parcel, 2.25 acres of which is north of E Street. 2. Access to the lots shall be from Toyon Lane. No access shall be allowed from E Street. 3. Public improvements will be required in conjunction with the parcel map. 4. Fublic sewer is available at the intersection of Toyon Lane and E Street. This sewer shall be extended to serve these lots. 5. A grading permit shall be obtained if more than 250 cu. yds. of earthwork is contemplated. 6. Landscaping to the top of slope shall be coordinated with existing slope planting. This variance shall become ineffective and void if if the same is not utilized within one year from tf~e date of this resolution in accordance with Zoning Section 19.14.260 of the Municipal Code. ~~ ~~ f 4 This variance shall become ineffective and void if the same is not utilized within one year from the date of this resolution in accordance with Zoning Section 19.14.260 of the Municipal Code PASSED and APPROVED by the CITY PLANNING COMMISSION of CHULA VISTA, CALIFORNIA this lUth day of September, 1975 by the following vote, to-wit: AYES: Commissioners Starr, Rudolph, Floto, Chandler, Pressutti and Smith NOES: None Chairman 7 %~ ATTEST: Secretary