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RESOLUTION ZAV-88-10
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION GRANTING A VARIAPICE
WHEREAS, a duly verified application for a variance was filed with
the Planning Department of the City of Chula Vista on January 29, 1988 by
Frederick A. R. Drew, and
WHEREAS, said application requested waiver of the requirement to
provide a new two-car garage for the existing dwelling at 1275 Banner Avenue
as required in conjunction with the establishment of a dwelling group on the
property (reference PCC-88-30), 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 p1 ace as advertised,
namely 7:00 p.m., March 9, 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 property is the largest lot in the neighborhood and the only
parcel in the immediate area which is presently zoned R-1 and
thus subject to the tvuo-car garage requirement and the
provisions of Section 19.22.170.
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
y his neighbors.
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The granting of the variance would not represent a special
privilege in that other existing dwellings in the immediate
neighborhood are not required to have two-car garages and only
five of the 16 lots fronting on Bethune Way are presently served
by two-car garages.
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.
Despite the granting of the variance, the property will still be
required to provide a two-car garage for the new dwelling, and
thus will not increase on-street parking or open storage beyond
the present situation.
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 would not affect the General Plan.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby grants the
variance.
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 9th day of March, 1988, by the following vote, to wit:
AYES: Commissioners Fuller, Cannon, Grasser, Carson and Tugenberg
NOES: Commissioner Shipe
ABSENT: Commissioner Casillas (with notification)
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J~ ne E. Carson, Chairman
ATTEST:
Rut M. Smit Secretary
WPC 4896P/0386P