HomeMy WebLinkAboutZAV 1983-08 RESOLUTION N0. ZAV-83-8
RESOLUTION OF CITY OF CHULA VISTA PLANNING
COMMISSION GRANTING A VARIANCE i
WHEREAS, a duly verified application for variance was filed with the
Planning Department of the City of Chula Vista on February 25, 1983, by Anush
Badii/Amalgamated Development Company, and
WHEREAS, said application included a request in reduction of the
required front yard setback from 20 feet to 15 feet along the east side of the
200 block of Ash Avenue and along the west side of Beech Avenue south of
Davidson Street, as well as a reduction in the required rear yard setback from
20 feet to 5 feet in order to develop a 200-bed convalescent hospital on the
1.65 acre subject property, and
WHEREAS, said application requested that construction be allowed even
though the project was not located on a collector street.
WHEREAS, the Planning Commission set the time and place for a hearing
on said variance 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., March 23, 1983, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Commission found that the project would have no
significant environmental impacts and adopted the Negative Declaration issued
on IS-83-20.
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 proposed facility is based on its ability to provide skilled
nursing care at a reasonable cost. It becomes essential that the
site be used to its greatest potential. To be required adherence to
the setback regulations (based partly on visual impact) would cause a
reduction in the number of beds in the facility and a corresponding
increase in cost per patient. The need to locate the facility on a
collector street is negated by the fact that the traffic projections
are similar to those generated by a multiple family project which is
an allowable use for the site.
i
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 adjoining care facility immediately to the south has setbacks of
less than 20 feet along both streets, Ash and Beech Avenue. Approval
of this request will allow the applicant to observe the same
setbacks. Requiring this use to locate on a collector street would
preclude the construction of the hospital.
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.
The proposed facility is only two stories in height and of a similar
mass as apartments which could be constructed on the site.
Therefore, the adjacent properties should not be adversely affected.
The proposed use represents an extension of a similar type hospital
located directly to the south which has proven to be compatible with
the area.
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 General Plan is not affected.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION grants a variance
to Anush Badii/Amalgamated Development Company a reduction in the required
20-foot setback along Ash and Beech Avenues to 15 feet and a reduction in rear
yard setback from 20 feet to 15 feet. The Planning Commission also grants a
variance to the requirement that the facility be located on a collector street.
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 23rd day of March, 1983, by the following vote, to-wit:
AYES: Commissioners R. Johnson, Pressutti, Green, G. Johnson, Shipe, Cannon
and O'Neill
NOES: None
ABSENT: None i/r~
cn ~~1 ` :
oy o nso airman
I
ATTEST:
Ruth M. Smith, Secretary
WPC 0278P
°2-