HomeMy WebLinkAboutZAV 1989-27 i
RESOLUTION N0. ZAV-89-27
i
RESOLUTION OF THE CITY OF CNULA VISTA
PLANNING COMMISSION DENYING A VARIANCE
WHEREAS, a duly verified application for a variance was filed with
the Planning Department of the City of Chula Vista on by March 9, 1989, by
Joseph Propati; and
WHEREAS, said application requested permission to increase the floor
area ratio from .45 to .55, and to decrease the rear yard setback from 20 ft.
to i5 ft., in order to construct two tevo-story additions to the single family
dvaelling at 740 Baylor Avenue in the P-C zone, and
and
6dI1EREAS, the Planning Commission set the time and place for a hearing
on said conditional use permit application and notice of said hearing,
toget6~er with its purpose, was given by its publication- in a newspaper of
general circulation in the city and its mailing to property otaners within 300
feet of the exterior boundaries of the property at least ten days prior to tVie
hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., April 26, 1989, in tVie Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the project is exempt from environmental review as a Class
5(a) exemption.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMI~nISSION finds as
fol l ovas:
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 not inordinately small in relation to other lots
in the same zone or immediate vicinity, nor is it narroev or
constrained by slopes. The restrictions allow for 2,652 sq. ft.
of floor area, which is consistent with other single family
dwellings throughout the City.
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.
The F.A.R. and rear yard standards are designed to relate the
floor area and bulk of a dwelling to the size of the lot, and to
provide for adequate open space, separation and privacy from
other dwellings. A11 of the lots within the vicinity share
these standards and ri ghts based on the size of the lot they
chose to purchase.
3. That the authorizing of such variance will not be of
substantial detriment to adjacent property, and will not materially impair the
purposes of this chapter or the public interest. i
The granting of the variance would result in greater relative
bulk and less open space on this lot than surrounding lots. Tt
aaould also decrease the light, air and privacy for adjoining
properties.
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 granting of the variance is not consistent with City
policies for light, air, privacy and open space in established
singl a family areas.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby denies the
variance.
PASSED AND APPROVED BY THE PLANNING COMMISSIONd OF CHULA VISTA, CALIFORPJIA,
this 26th day of April 1969, by the following vote, to-wit:
AYES: Commissioners Casillas, Fuller, Shipe, Grasser, Carson and Tugenberg
NOES: None
ABSENT: Commissioner Cannon (with notification)
J anne E. Carson, Chairman
ATTEST
Ruth P4. Smith, Secretary
WPC 6214P
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