HomeMy WebLinkAboutReso 1965-3847Form No. 361
RESOLUTION NO. 3847
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING THE APPEAL OF BOROTHY DAVIS
FROM THE PLANNING COMMISSION DENIAL OF A REQUEST FOR A
VARIANCE
The Clty Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Planning Commission has heretofore held
a public hearing on Auqust 10 19 65, to consider the
application for a variance from the zoning ordinances of the City
of Chula Vista, to conduct a nursery home for retarded children on
the premises located at 570 Otis Street in the R-2 zone of the City,
submitted by Dorothy Davis
and
WHEREAS, the Planning Commission, by a vote of 5 to 0
denied said request for a variance based upon the facts that no
exceptional circumstances as required by the ordinance could be found
justifying the granting of the variance, and
WHEREAS, the applicant, Dorothy Davis
have filed an appeal from such denial with the City Council, and
the Council has held a public hearing on said appeal on September 7
19 65 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
C.~ty 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 area zoned R-2 was in a transitional stage and
the properties were being utilized for both R-2 and R-3 uses,
and were bounded by C-l zoning, therefore the continued R-2
zoning use in this particular circumstance did deprive the
owner of the use of her property in the same manner as those
located in other R-2 zones.
2. Because of the changing neighborhood circumstances, the
refusal to allow this particular use at this location did
deprive the owner of a substantial property right.
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Form No. 361
Page 2
3. That such a use would not be detrimental to the
surrounding area and would not work any hardship on
the surrounding neighbors in that the particular type
of nursing home would constitute less of a noise factor
and density factor than the normal R-2 usage.
BE IT FURTHER RESOLVED that the City Council, based upon
said findings does hereby grant the appeal of Dorothy Davis from the
denial for the request for a variance to conduct a nursing home for
retarded children on the premises located at 570 Otis Street
and that said variance be, and it is hereby granted and the decision
of the Planning Commission be, and it is hereby reversed.
BE IT FURTHER RESOLVED that the variance shall be subject to
the conditions as outlined by the Planning Department and that the variance
shall be subject to reevaluation by the Planning Commission one (1) year
from the date of the grant of said variance, and a new application made.
Presented by
Bruce Warren, Director of Planning
Approved as to form by
~ .~
George D Lindberg, City Attorney
-2-
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, thisl4thday of September ,
19 65 by the following vote, to-wit:
AYES: COUNCILMEN McAllister, Anderson, Sparlin~, McMains
NAYES: COUNCILMEN McCorquodale
ABSENT: COUNCILMEN None
~y
~~ Mayor of the City of Chula Vista
f
ATTEST ._ ~..._:..~ .: ~1
.city Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of ,
and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652