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HomeMy WebLinkAbout2005-05-25 PC MINS MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building Wednesday, May 25, 2005 275 Fourth Avenue, Chula Vista ROLL CALL/ MOTIONS TO EXCUSE: Present: Cortes, Felber, Hom, Tripp Absent: O'Neill, Madrid, Hall Staff Present: Nancy Lytle, Assistant Planning Director John Schmitz, Principal Planner Lynette Tessitore-Lopez, Associate Planner Dave Hanson, Deputy City Attorney II i MSC (Cortes/Hom) to excuse the Commissioner O'Neill, Madrid, and Hall. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Cortes. MSC (Hall/Felber) to approve minutes of February 9, 2005 as submitted. Motion lil carried. ORAL COMMUNICATIONS: No public input ~I, I 1. PUBLIC HEARING: PCC 05-32; Conditional Use Permit, a request to ~I allow an observation deck addition to a single family residence to exceed the 28 foot height limit of the Single Family Residential Zone (R-1 Applicant: Pamela Bensoussan„ Cmr Tripp stated for the record that he contacted the applicant and visited the site, Background: Lynette Lopez reported that the applicant is requesting a CUP to exceed the height limit of the R-1 zone in order to retain an existing observation deck with guardrails that extend 1'9" above the 33' 7 5"high ridge line of the existing historic Greg Rogers home. The proposed CUP is the product of a Code Enforcement complaint filed on March 2, Planning Commission Minutes - 2 - May 25, 2005 2004 of building without a permit, The City has worked with the applicant to determine what processes would be necessary to remedy the situation that was created by a previous owner, The request for a CUP is to allow for an existing observation deck with guardrails that exceed the ridgeline of the existing historic structure by 1'9" Using the Secretary of the Interior Standards for the Treatment of Historic Properties, staff evaluated the affect of the deck and guardrails on the historic structure, and based upon the Standards, determined that neither the deck nor guardrails affect the historic significance of the home, There is support both for and against this proposal, Those who oppose it feel that the deck is not consistent with the architecture of the home and detracts from its historic integrity, in addition to citing privacy impingement concerns, Those who support the proposal state that the deck is consistent with Craftsman architecture and that the deck is not aesthetically offensive to those who are most affected by it. Staff Recommendation: Based upon the findings of fact, that the Planning Commission approve this request to deviate from the height limit of the R-1, Single- Family Residential Zone with findings and conditions listed in the resolution Commission Discussion: Cmr~. Tripp asked for clarification as to whether this property is subject to a Mills Act contract and whether the contract would preclude or regulate additions to historic homes, Ms. Lopez responded that the Mills Act does not regulate additions, but it does incorporate the Secretary of Interior standards as part of the contract so that anything that is added on is consistent with those SOI standards.. Public Hearing Opened: Pamela Bensoussan, applicant gave a chronology of the Greg Roger's house history and stated that the house was moved on to the site in 1985; the decks were added I approximately two years later, and Ms Bensoussan purchased the house in 1996. i During the purchase process, she did her due diligence in researching the condition of ~ the home and contacted the City to request that the home be inspected by a City I official. The City official determined that there were no grave issues associated with the home, Ms Bensoussan decided to proceed with the purchase of the house.. It was not until recently, as a result of the complaint that was filed, that she was informed that she was responsible for bring into compliance those issues that were non-conforming. Planning Commission Minutes - 3 - May 25, 2005 Ms Bensoussan reiterated that the decks do not violate the spirit of the Mills Act nor the Department of Interior standards. Cmr. Hom pointed out that he remembered a similar proposal that caused much opposition from residents in this same neighborhood Mr Bustamante, wanting to make improvements to his home by adding multiple stories was requesting a variance to allow him to exceed the height limits for that zone; his request was ultimately denied Cmr., Hom asked the applicant for her rationale as to why her request would be any different from Mr. Bustamante's proposal Ms Bensoussan pointed out that the Greg Roger's house was saved by the City of Chula Vista and is its Historic Site #1 More importantly, it has an enormous setback and the house sits back 300 feet from the street. Mr. Bustamante's proposal was to construct a new three-story house with only a 40-foot setback from the street and would tower next to the two houses on either side,. The whole neighborhood of historic homeowners felt that the proposal was out of scale in mass and height to the historic neighborhood, Georgie Stillman, 580 Twin Oaks Avenue stated that in her opinion the Greg Roger's house is charming and a landmark in the community, She further stated that, in her opinion, the opposition is based on a neighborhood spat and the angry dissent of a few people, therefore, she urged the Commission to consider the professional opinion of staff and approve the request. Sandy Duncan, 262 Second Avenue stated that having been in the Greg Roger's house, Ms. Bensoussan has done an extraordinaryjob in restoring this historic home. ~ She further mentioned that Victor and Jill Galvez contacted her and asked herto speak on their behalf in support of the proposal. She urged the Commission's approval. Susan Walter, 238 Second Avenue stated she too lives in a historic home built in the late 1800's that has undergone many remodels and additions, She further indicated i that at no time while they were going through the Mills Act process to have the home designated as historical, was there ever any mention that she would be required to tear out any of the remodels that had been done prior to her purchasing the house She believes that what is being required of Ms. Bensoussan is unfair and urged the Commission to uphold staffs recommendation to approve the CUP. Nancy Parks, 124 Hilltop Dr„ stated she lives in the Leo Christi home, which is a '~i historic home that has remained in the family since the original owners.. Additionally, she owns 228 I Street, which is the most impacted by the Greg Roger's house decks and they have never found it to be an intrusion on their privacy. She further indicated that amajor concern of hers and other historic homeowners is that they may be Planning Commission Minutes - 4 - May 25, 2005 required to correct changes that are made to historic homes because they don't meet today's standards in the building code, She cautioned those in positions of authority and the Planning Commission that if this is the direction the City is moving towards; the historic homes program in Chula Vista may come to an end. Joseph Bustamante, 626 Second Avenue, stated his reasons for opposing the proposal are: • It exceeds the 28 foot height regulation Both decks impinges on his privacy, although he recognizes that the first deck is original and critical to the design of the house, but the second deck is not Ms Bensoussan mentioned that approximately 7 or 8 changes have been made to the house and its still considered a historical home, therefore, in his opinion, you can make changes to comply with the code and still be able to remain a historical home With respect to his own proposal, he agreed to reduce the roofline at great expense, all because a group of residents opposed his proposal In this proposal there are some of us who don't desire the second deck; its not historical, not original, and in fairness it should not be allowed, Public Hearing Closed. Dave Hanson, Deputy City Attorney II reminded the Commission that this is a hearing on a land use entitlement and there are findings (four of them) as stated in the staff j report that need to be made in order to grant this CUP. Some of the issues that have I been raised both for and against the proposal, although they have merit, are not to weigh on the Commissions decision aside from making the necessary findings Cmr. Tripp inquired why this is a Conditional Use Permit and not a Variance I~ Mr, Hanson responded that this is a very valid question and to simplify a complex question, it had to do with being able to address the issue of homes being built too ' large and the City Council decided to put a cap on height limits, but didn't want it to be i too restrictive, A variance, by nature, has very strict guidelines that need to be met in order to grant it It was Council's desire to have some other entitlement process that was more flexible and gave the decision-making body a little bit more discretion to allow a height limit to exceed the cap, Cmr Tripp stated that based on staff's review of the proposal and findings made by environmental staff, which regulates historic structures, as well as the property owner's efforts to mitigate the situation by removal of the elevator tower, he believes the Planning Commission Minutes - 5 - May 25, 2005 findings can be made and will support the proposal. MSC (fortes/Hom) (4-0-3-0) based upon the findings of fact, that the Planning Commission approve this request to deviate from the height limit of the R-1, Single-Family Residential Zone with findings and conditions listed in the resolution. Motion carried„ Director's Report: Nancy Lytle, Assistant Planning Director reported the City Council approved the extension of the urgency moratorium on check cashing establishments, which was initiated by the Planning Commission and the City Council thanked the Commission for spearheading this effort Ms Lytle also stated that staff is working on having a Planning Commission workshop on condo conversions ADJOURNMENT to a regular Planning Commission meeting on June 8, 2005. Diana Vargas, Secretary to the Plan~ng Commission