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HomeMy WebLinkAboutZAV 1996-09 RESOLUTION NO. ZAV-96-09 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING THE CONSTRUCTION OF TWO GASOLINE CANOPIES IN EXCESS OF 15 FEET IN HEIGHT IN CONJUNCTION WITH A REMODEL PLAN FOR THE SERVICE STATION LOCATED AT 1498 MELROSE AVENUE WITHIN THE C-N NEIGHBORHOOD COMMERCIAL ZONE WHEREAS, a duly verified variance application was filed with the City of Chula Vista Planning Department on March 21, 1996 by Texaco Refining & Marketing, Inc., and; WHEREAS, said application requests approval to construct two gasoline canopies to a height of 18' 11 " in conjunction with a proposed remodel for an existing service station at 1498 Melrose Avenue within the C-N Neighborhood Commercial zone, and; WHEREAS, the C=N zone limits the height of accessory structures to 15' unless a variance is granted, and; WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as a Class 3(e) exemption, and; WHEREAS, the Planning Director set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as advertised, namely Apri124, 1996 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby find, determine, resolve, and order as follows: I. Findings. 1. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on it individual merits. The 15' height restriction for accessory structures in the C-N zone presents a hardship with respect to the construction of a gasoline canopy which will provide shelter for customers yet still meet the regulations of the zone. These shelters are desirable for customers, but are subject to damage from and to large vehicles (such as recreational vehicles) at the 15 foot height limit. 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. This variance is necessary to allow the property owner the opportunity to provide customers with facilities of the same quality and visibility offered by other service stations in the vicinity. It therefore would not constitute a special privilege. 3. That the authorizing of this variance will not be of substantial detriment to i adjacent property, and will not materially impair the purposes of this chapter or the public interest. This variance has been conditioned to meet potential concerns of nearby residents and to ensure equitable treatment with other similar properties. It will thereby not be detrimental to adjacent property. 4. That the granting of this variance will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The approval of this permit is consistent with City policies and the General Plan. II. Conditional Grant of Permit; Conditions. The Planning Commission hereby grants approval of this request subject to the following conditions whereby: ' A. The canopy design shall adhere to all conditions of approval for DRC-96- 50, including any requirements to lower the height below 18'11" for design reasons. B. Diesel gasoline sales shall be monitored for a period of one year to ensure that the increase in canopy height does not result in adverse impacts created by an increase in large truck traffic. Should the Zoning Administrator determine that a significant increase in such traffic has occurred on this site, this project may be reviewed for further restrictions which may include a prohibition on diesel fuel sales. i i III. Additional Terms and Provisions of Grant. A. Post-Approval Conditions. This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, ' safety or welfare which City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Grantee of a substantial revenue source which the Grantee can not, in the normal operation of the approval granted, be expected to economically recover. B. Time to Commence Use. This approval shall become void and ineffective if not utilized within one year from the effective date thereof. C. A copy of this resolution shall be recorded against the property of applicant, known as 1498 Melrose Avenue. D. Any violation of the terms or conditions of this permit shall be grounds for revocation or modification of the permit. IV. A copy of this resolution shall be transmitted to the applicant: PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of April, 1996, by the following vote, to-wit: AYES: Vice Chair Ray, Commissioners Salas, Tarantino, Thomas, Willett NOES: None ABSENT: Commissioners Davis and Tuchscher v,,, Jo ay, Vice Chair ems) Nancy Rip ey, Se retary