HomeMy WebLinkAboutReso 1967-4594Form No. 361
RESOLUTION N0. 4594
RESOLU"PION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING THE APPEAL OF WILLIAM J. BAUER
E`RGM THE PLANNING COMMISSION DENIAL OF A REQUEST FOR A
VARIANCE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Planning Commission has heretofore held
a public hearing cn October 2 19 67, to consider the
application for a variance from the requirements of the City Code for a
reduction of the rear yard setback from 20 feet to 10 feet for the purpose
of constructing an addition to the house located at 735 Nolan Avenue,
submitted by William J. Bauer
and
WHEREAS, the Planning Commission, by a vote of 5 to 1
denied said request for a variance based upon the facts that no
exceptional circumstances for which to approve this request were present,
and the proposed addition could be accomplished within the existing
setback, and
WHEREAS, William J. Bauer
have filed an appeal from such denial with the City Council, and
the Council has held a public hearing on said appeal on October 24 ,
19~_,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that, after fully hearing all evidence submitted
on said appeal and considering all testimony presented at said
hearing, that said Council does hereby make the following findings
of fact:
1. That the subject property is located substantially below
the grade of the lot abutting it on the rear, and said lot has an excep-
tional depth which will place the proposed house to be constructed thereon
at a distance of eighty feet (80') from the proposed addition, and in
addition, the proposed construction, because of the location of the house
on the subject property, will allow an area sufficient in width to permit
the storage of trailers or campers in the back portion of the lot, if the
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Form No. 361
Page 2
is carried forth as proposed, which circumstances constitute exceptional
circumstances or conditions that do not apply generally to other property
in the same zone or neighborhood.
2. That the grant of variance will constitute an appreciable
increase in the value of the property and by allowing the construction in
the manner proposed, will in no way infringe upon the privacy or detract
from the light and air of surrounding property owners, and therefore, will
not be materially detrimental to the public welfare or injurious to pro-
perty or improvements in the neighborhood.
3. That the proposed addition for which the variance is sought
will not change the use of the subject property and will not be contrary
to the objectives of the general plan.
BE IT FURTHER RESOLVED that the City Council, based upon
said findings does hereby grant the appeal of William J. Bauer
and that said variance be, and it is hereby granted and the decision
of the Planning Commission be, and it is hereby reversed.
Presente y
ruce H. Warren, Director of Planning
Approved as to form by
~~
George D. indberg, City Attorn
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Y-~~ l
AROpTEP AP~`D APPROVER by the CITY COUNCIL of the CITE (`E C'_'L'LA i~I"I'[~.
CALiFOESIA, this _ 31st day of Octobez , L° 67 , !,~, the to11t~:~ine aoce,
t o-cvi t
AYT"': Councilmen Anderson, Sylvester, McAllister, McCorquodale
"AYPS: Councilmen
P.TS',r'~"T: founczlnen
I
I'iayor of the City i C'~nl~, iota
Citv Clerk
31'ATr 0? CALT_FORPiIA )
COT:.° ~F SAL' DI~'GO ) s~.
CITE' OF CHULA VISTA )
I .'rP?I']E I_'_ °. CAN?'PF~LL, City Clerk of the Citv of Chvla Jista, Ca.] ire ia,
PO HEFiEY CE?~TIFY that the abova and foregoing is a full, true and cor.r_cr copy of
and that the same has not be_n a:.^ndad
or r~~raled.
City C
C(; 552
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