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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 -1- 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 -2- 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 ~5q~