HomeMy WebLinkAboutZAV 1987-25M RESOLUTION N0. ZAV-87-25M
i
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, 1987, by Sylvia
Metivier, and
WHEREAS, said application requested a variance from Municipal Code
Section 19.70.015 to allow a legal non-conforming satellite dish on the roof
of the residenced at 1122 First Avenue to remain after the established
abatement date of January 1, 1989, 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 hel d at the time and place as advertised,
namely 7:00 p.m., September 23, 1987, 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 as a
Class II 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.
The Planning Commission has accepted evidence submitted by the
applicant that the non-conforming satellite dish cannot be
brought into conformance with the ordinance by placing it within
the rear yard due to blockage 'of reception to the dish by
buildings and landscaping within the rear yard.
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 vic~m ty, and that a variance, if granted
would not constitute a special privilege of the recipient not enjoyed by his
neighbors.
Since the Planning Commission has accepted the evidence
presented by the applicant that the satellite dish cannot be
placed in the rear yard without loss of reception, granting of
the variance is necessary to allow the applicant to maintain a
satellite dish on the property; which is a substantial property
right possessed by other properties vaithin the same zone and
vicinity.
3. That the authorizing of such variance will not be of substantial
detriment to adjacent property, and will not be of substantial detriment to
- adjacent property, and will not materially impair the purposes of this chapter
of the public interest.
The authorizing of this variance maintains an existing condition
which in the viewpoint of the Planning Commission will not be of
substantial detriment to adjacent property.
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 authorizing of this variance will not have an effect upon
the general plan of the City.
Thi s variance steal l become voi d and i neffecti ve i f the same i s not
utilized within one year from the date of this resolution in accordance with
Section 19.14.260 of the FAunicipal Code.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 23rd day of September, 1987, by the following vote, to-wit:
AYES: Commissioners Casillas, Fuller, Shipe, Cannon, Grasser, Carson
and Tugenberg
NOES: None
ABSENT: Tugenberg, Shipe
ABSTENTIONS: None
I.r"d~L fit.') ~ ~ { ~,1 i~ I ~ f { !i
~'nne E. Carson, C airman
ATTEST:
"~c .
ut mi ecre ary
WPC 4405P
_p_