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HomeMy WebLinkAboutReso 1969-5358RESOLUTION N0. 5358 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, GRANTING APPEAL TO PACIFIC BAY LAND COMPANY FROM DENIAL OF A VARIANCE BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows; WHEREAS, the Planning Commission of the City of Chula Vista has heretofore denied an application for a variance to reduce portions of the front and sideyard setback requirements for certain real property located at 648 "J" Street in the City of Chula Vista, and WHEREAS, the applicant has appealed said denial to the City Council, alleging that the Commission erred when they made the following findings: 1. Strict application of the ordinance would not create any hardship since the house can be accommodated on the site and still observe all of the required setbacks. 2. There are no exceptional circumstances on this property which do not apply to other properties in the neighborhood. 3. The variance would be detrimental in allowing a condi- tion to exist which is in conflict with the safety standards adopted for distance required between sidewalk and garage doors: 20' required, 16` provided, and WHEREAS,. the City Council, on September 2, 1969, conducted a public hearing on said appeal and after hearing testimony, determined that the appeal should be granted and the variance issued. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, based upon testimony received at said public hearing, does hereby find as follows: 1. That the house in question was erroneously constructed with a portion of it within the setback area through no fault of the applicant, and that strict application of the ordinance requiring the removal of the frame and slab of the house creates an unnecessary hardship in that no other properties developed in a similar manner in the same zone are required to undertake such remedial action. 2. That the circumstances applying to this property encompass the completion of the house which would be costly to move, and does distinguish it from other properties in the same neighborhood. 3. That the findings of detriment to the surrounding neighborhood, as contained in the Planning Commission's Report are not consistent with conditions to be found in other areas of the City which would not, and are not, considered detrimental to the surround- ing area. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby grant the appeal of the applicant, and does hereby allow the following variances from the Zoning Ordinance. 1. Reduction in side yard from 5' to 3' for one corner of the house. The side property line angles away from the house so that a 5' setback exists for almost 900 of the house. 2. Reduction in front yard from 15' to 12'6" for the garage. The garage sets at an angle to the front property line so that the westerly corner is located 15' from the property line. -1- 3. Reduction in required distance from garage door to side- walk from 20' to 16' for one corner of the garage. The westerly corner will be located 18' from the sidewalk, Presented by Approved as to form by ~" ~ . r -, . ~~~ -Bruce H, arren, Director of George D, indberg, City Attorne Planning ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, thi's' 16th day of September , 19 69 , by the following vote, to-wit: AYES : Councilmen Scott, Sylvester, Hamilton, McAllister NAYES: Councilmen None ABSENT: Councilmen McCorquodale =~ ~. ^: ~. / ~ ' i ~ / .. ~~ f.~ .may c- 4 - Mayor/of the City of Chula Vista,' a.~ ~4 _.• ~:. pro tem ATTEST ~-- ~ ~ '~ ~ / ~ ~ ' C , ty Clerk STATE O F CALIFORNIA ) COUNTY OF SAN DIEGO ) ss, CITY OF CHULA VISTA ) I• City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED City Clerk -2- ~" _'~ 'i ~~ - J ~~' ~ ~ ' ~~