HomeMy WebLinkAboutReso 1968-4867,•
RESOLUTION NO. 4867 FA1Lill
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING THE APPEAL OF GARD AND CAROL TESCH FROM THE PLAN-
NING COMMISSI01`d ACTION DENYING A VARIANCE ON THE PROPERTY
LOCATED AT 225-227 LANDIS AVENUE IN THE CITY OF CHULA VISTA
The City Council of the City of_ Chula Vista does hereby
resolve as follows:
WHEREAS, Gard and Carol Tesch have heretofore applied for a
use variance for the property located at 225-227 Landis Avenue in the
City of Chula Vista, in order to convert an existing garage to a
studio apartment, constituting an R-3 use in a C-2 zone, and
WHEREAS, the Planning Commission has heretofore held a
public hearing on July 15, 1968, and after reviewing all of the
evidence and hearing all of the testimony, denied said application
for a use variance at the subject property, and
WHEREAS, Gard and Carol Tesch appealed said action of the
Planning Commission denying said use variance, and the City Council
has held a public hearing on said appeal on Tuesday, August 13, 1968,
and
ti~IHEREAS, the City Council finds, after hearing alJ_ of the
evidence and testimony that hardship and exceptional circumstances
do exist in that the property is presently being used for R-3 purposes,
as are the surrounding properties and a denial of the extension of
such use would constitute a restriction upon said property owners
not imposed upon other owners in the same zone in similar circumstances,
and further, that the proposed conversion of the existing garage to
a studio apartment would not be detrimental to the neighborhood or
constitute a use injurious to the surrounding properties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista, based upon the findings of fact set forth herein,
does hereby grant the appeal of Gard and Carol Tesch from the Planning
Commission action denying the issuance of a use variance for the
property located at 225-227 Landis Avenue, subject to the following
conditions: (1) subject to conditions recommended by the Planning
Commission; (2) subject to the property owners agreeing not to protest
a 1911 Act improvement of the alley, and (3) subject to the provision
that if in the future any portion of this property is used for com-
mercial purposes, this variance shall become null and void.
Presented by
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Bruce H. Warren, Director of
Planning
Approved as to form by
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George D.;Lind.berq, City Attorn-ey:
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F A I L E D
~~~'~~~'-~aE-~FgF~F~ by the CIT:' COIIT?CIL of the CITE O?' C~~ULH ~!~ ~~ 1'~
CALIFORNIA, this 20th day of August ~ 1°68 , by the rollc~:r:ins ,~;~t<-
to-wit:
AY~'.~: Councilmen Sylvester, McCorquodale, McAllister
NAY=: ; Councilmen Hamilton Scott
As~~:;T: Counci lnen None
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~3ayor of the City of is ~~; _;ta
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~ _ Ci tv Clerk
STATE O'~' CALIFO$PdIA )
CO~i LY ~F SAI? DIEGO ) ss o
CITY OF CHULA VISTA )
I, :;ET'sNET' p. CAr:PBELL, City Clerk of the City of Chula ~~Jistay Ca]_~_rnr n~.~_,
PO F~EF~E?Y CERTIFY that the above and foregoing is a full, true and come:::, c.~n- ~~r
and that the same has not bee^ a.c;_~nded
or r~nealed,
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City Clerr~ ~ -_.._.~
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