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HomeMy WebLinkAboutZAV 1983-07 RESOLUTION N0. ZAV-83-7 RESOLUTION OF CITY OF CHULA VISTA PLANNING COMMISSION GRANTING A VARIANCE ~ WHEREAS, a duly verified application for variance was filed with the Planning Department of the City of Chula Vista on February 9, 1983, by Donna Souza, and WHEREAS, said application requested a reduction in the required driveway width from 20 feet to 17 feet to serve two proposed panhandle lots behind the existing single family dwelling located at 156 "K" Street in the R-1 zone, and 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 I 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. Even though the subject property is 4 times the minimum lot size (28,286 sq. ft.) of the R-1 zone and 'has a lot width of nearly 86 feet, the older single family dwelling encumbers 62 feet of the lot width. To require removal of a portion of the existing dwelling to provide an additional 2'-3" of access width would pose an undue hardship. 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 this neighbors. it The subject property is located within an area where other properties were allowed to develop panhandle lots with less than 20 feet of access. 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 adjacent property to the east most affected by the proposed reduction has its driveway and garage adjacent to the common property line. Aside from the driveway reduction, the development meets the regulations governing panhandle lots. 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 by the granting of this request. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION grants a variance to Donna Souza for a reduction in the driveway width from 20 feet to 17 feet at 156 "K" Street subject to the following conditions: 1. The common sewer serving the two proposed panhandle lots shall be subject to a special legally recorded agreement regarding its maintenance. Said agreement shall be subject to the approval of the City Attorney prior to recordation of the parcel map. 2. The driveway adjacent to the existing residence shall be paved to a width of 16 feet. The remaining area adjacent to the home shall be landscaped with low level shrubbery. 3. The grading plan shall indicate all trees having a trunk diameter of 6 inches or greater. The City Landscape Architect shall determine which trees are to be retained. 4. The Fire Marshal may require an horizontal standpipe for fire protection of the two panhandle lots as part of the parcel map procedure. The applicant shall contact the Fire Marshal for specific details and requirements. 5. The applicant shall provide landscaping in the area presently used for parking in front of the existing home. The landscape treatment shall be subject to Planning Department approval. This variance shalt 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. _2_ 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 Roy R. ohnson~~ Chairman I ATTEST: Ruth M. Smith, Secretary WPC 0282P -3-