HomeMy WebLinkAboutReso 1987-13244 Revised 9/15/87
RESOLUTION NO. 13244
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING VARIANCE ZAV 88-2 TO
RETAIN EXISTING LOT COVERAGE OF 46.2% AT 165
MURRAY STREET - J. ANTHONY RASO
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on September 1, 1987, a public hearing
regarding Variance ZAV 88-2 was held before the City Council of
the City of Chula Vista, and
WHEREAS, the City Council determined to grant the
variance subject to conditions and findings, and
WHEREAS, Council directed staff to return with a
resolution embodying the conditions and findings recommended by
staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby adopts the following findings:
1. That a hardship peculiar to the property and not created by
any act of the owner exists. Said hardship may include
practical difficulties in developing the property for the
needs of the owner consistent with the regulations of the
zone; but in this context, personal, family or financial
difficulties, loss of prospective profits, and neighboring
violations are not hardships justifying a variance.
Further, a previous variance can never have set a precedent,
for each case must be considered only on its individual
merits.
The property could be made to comply with the 40% lot
coverage requirement but this would not reduce the bulk
of the dwelling or substantially benefit the
neighborhood. The granting of this variance as
conditioned, on the other hand, will reduce the nuisance
factor, increase privacy and quiet as well as safety in
the vicinity by means of elimination of the second story
deck and removal of attic facilities.
2. That such variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other
properties in the same zoning district and in the same
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vicinity, and that a variance, if granted, would not
constitute a special privilege of the recipient not enjoyed
by his neighbors.
The granting of this variance will help insure for
neighboring properties the preservation and enjoyment of
substantial property rights possessed by other
properties in the same zone and vicinity. The lot
coverage excess has already been reduced from 61% to
46.2%. The substantial property rights of other
properties would be minimally improved by the additional
reduction in lot coverage compared to full compliance
with all the variance conditions.
3. That the authorizing of such variance will not be of
substantial detriment to adjacent property, and will not
materially impair the purposes of this chapter or the public
interest.
The granting of this variance will be of substantial
benefit to adjacent properties and consistent with the
purposes of this chapter and the public interest in that
the deck removal will allow the neighbors to more fully
enjoy the rear and side yard portions of their property
and be comfortable in utilizing their outdoor space.
4. That the authorizing of such variance will not adversely
affect the General Plan of the City or the adopted plan of
any governmental agency.
The granting of this variance is consistent with the
goals and objectives of the General Plan as they relate
to the visual quality and 'livability of single-family
neighborhoods.
BE IT FURTHER RESOLVED by the City Council of the City of
Chula Vista that Variance ZAV 88-2 to retain existing lot
coverage of 46.2% at 165 Murray Street is hereby granted subject
to the following conditions:
1. The second story deck is not to be used and access thereto
is to be removed.
2. The attic area access is to be removed, except for a crawl
space, and all facilities in the attic removed including hot
tub, fireplaces and all plumbing.
3. The French door access from the deck to the attic is to be
removed and permanent finished wall improvements installed.
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4. 2 x 6's are to be installed over the existing flooring in
- the attic area.
5. Adequate landscape buffer be installed on the back portion
of the house, subject to approval of City's Landscape
Architect.
6. Lower roof to thirty feet (30') at its highest point.
7. The above conditions to be accomplished within 45 days of
final Council action on September 8, 1987, or the variance
approval shall be null and void.
Presented by Approved as to form by
(k~orge Rrem~l, ~i/ector of D. Richard Rud , ~t
Planning City Attorney
3318a
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
JLA VISTA, CALIFORNIA, this 8th day Of. September
19 87 , by the following vote, to-wit:
AYES: Counc~]members cox, ~¢oore, Nader, MaocoJ_m, ~¢cCand]_j_ss
NAYES: Counci'lmembet's ~one
ABSTAIN: Counc~]rnembe~s None
ABSENT: Counci I rnembePs None
City Clerl~
TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY thor the obove ond foregoing is a full, true ond correct copy of
RESOLUTZON N0. [3244
,ond that the some has not been amended or repealed
DATE D
City Clerk
0!Y OF
CHUiA VISTA
CC-660