HomeMy WebLinkAboutZAV 1989-15 RESOLUTION N0. ZAV-89-15
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION GRANTING A VARIANCE
WHEREAS, a duly verified application for a variance was filed vaith
the Planning Department of the City of Chula Vista on November 2, 1988, by
Child Development Associates, Inc., and
WHEREAS, said application requested approval to reduce the front
setback from 15 ft. to 0 ft. and the exterior sideyard setback from 10 ft. to
0 ft.. in order to erect a 5 ft. high wrought iron fence along the front and
exterior sideyard property lines at 380 Telegraph Canyon Road in the C-O-P
zone, and
WHEREAS, the Planning Commission set the time and place for a hearing
on said conditional use permit 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 300
feet of the exterior boundaries of the property at least ten days prior to the
hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 7:00 p.m., November 30, 1988, in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission and said hearing was thereafter closed,
and
WHEREAS, the project is exempt from environmental review.
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 slopes on the site occupy approximately 2,500 sq. ft. of
what would otherwise he usable, unrestricted outdoor play area
to the rear and side of the building.
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.
I
The approval of the variance will partially offset the loss in
usable yard space due to ttie slopes, and thereby bring this
parcel up to parity with the vast majority of other C-0 zoned
properties which are not constrained by slopes.
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 proposal is for a 5 ft.-high open wrought iron fence with
pilasters in order to minimize the visual impact of the
encroachment. Also, the broad parkway and 4 ft, landscape strip
along Telegraph Canyon Road will further ameliorate any potential for
a detrimental impact.
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.
Approval of the variance is consistent with the aesthetic values
embodied in the General Plan. I
BE IT FURThIER RESOLVED THAT THE PLANNING COR1MISSTON hereby grants the
variance, subject to the following conditions:
1. The variance is approved to reduce the front setback from 15 ft. to 2
ft. (Telegraph Canyon Road) and the exterior sideyard setback from 10
ft. to 0 ft.
2. The pilasters shall be spaced at 20 ft. on center.
This variance shall become void and ineffective if the same is not
utilized within one year from the date of this resolution in accordance with
Section 19.14.260 of the Municipal Code.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 30th day of November 1988, by the following vote, to-wit:
AYES: Commissioners Casillas, Fuller, Shipe, Cannon, Grasser, Carson and
Tugenberg
PJOES: None
ABSENT: None
Jo nne E. Carson, Chairman
ATTEST:
Ruth P1. Smit Secretary
WPC 5765P