HomeMy WebLinkAboutZAV 1989-31 RESOLUTION N0. ZAV-89-31
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION GRANTING A VARIANCE
WHEREAS, a duly verified application for a variance was filed with
the Planning Department of the City of Chula Vista on April 6, 1989, by Walter
H. Barton, and
WHEREAS, said application requested permission to increase the j
allowable height for fencing in the front setback area from 3.5 ft. to 6 ft.
in order to construct a 6 ft. high wall across the front of the lot,
approximately 6 ft. from the back of the sidewalk at 9 "L" Street, and
WHEREAS, the Planning Commission set the time and place for a hearing
on said conditional use permit application and notice of said hearing, I
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 300
feet of the exterior boundaries of the property at least ten days prior to the
hearing, and
WHEREAS, the hearing was hel d at the time and place as advertised,
namely 7:00 p.m., April 26, 1989, in 'the Council Chambers, 276 Fourth Avenue, I
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the project is exempt from environmental review as a Class 3
exemption,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as
follows:
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 its individual
merits.
The property is located on a high volume, noisy collector street
within close proximity to a major intersection resulting in noise
readings which far exceed acceptable City standards.
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.
A wall is needed to preserve an acceptable living environment. Other
properties in this area have not indicated similar noise issues.
3. That the authorizing of such variance will not be of substantial
detriment to adjacent property, and will not materially impair the purposes of i
this chapter or the public interest.
i
The variance applies to one lot and, therefore, will not have an I
adverse affect on the General Plan of the City.
4. That the authorizing of such variance will not adversely affect the
General Plan of the City or the adopted plan of any governmental agency.
The proposed wall design, setback and landscaping euill enhance the
design and thus improve the area which is not landscaped or
maintained.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby grants the
variance, subject to 'the following conditions:
1. The 6 ft. high wall sha11 be constructed as a decorative wall (i.e., I
split face block, stucco facing, brick).
2. A landscaping and irrigation plan shall be approved by the City
Landscape Architect.
3. A maintenance agreement shall be filed with the City and recorded on I
the deed stipulating that the owner and successors of interest agree
to maintain the landscaping and the wall in accordance with City
standards and plans on file with the City. Failure to perform said
maintenance to the satisfaction of the City will authorize the City
to enter the property and perform said maintenance upon written
notice to the ovaner ten days prior to any action. All costs incurred
by the City steal 1 be charged to the owner and a 1 i en placed on the
property.
This variance shall become void and ineffective if the same is not
uti 1 i zed wi thi n one year from the date of thi s resolution i n accordance with
Section 19.14.260 of the Municipal Code.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 26th day of April, 1989, by the following vote, to-wit:
AYES: Commissioners Fuller, Grasser, Carson and Tugenberg
NOES: Commissioners Shipe and Casillas
ABSENT: Commissioner Cannon 'f~
4k~ne arson, ha~rman
ATTEST:
,f' r.
Ruth M. Smith, ecretary
WPC 6235P
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