HomeMy WebLinkAboutZAV 1983-03 VARIANCE RESOLUTION N0. ZAV-83-2
RESOLUTION OF THE CITY PLANNING COMMISSION
GRANTING A ZONE VARIANCE
WHEREAS, George P9erziotis, owner of the propertty located at 713 Broadway,
filed an application for zone variance with the City Planning Department for a
reduction in the rear yard setback from 25 feet to 5 feet in order to construct
a commercial building, and
WHEREAS, the City Planning Commission has duly scheduled the application
for public hearing and the same came on regularly for hearing and the hearing was
closed, and evidence having been presented to the Planning Commission concerning
granting or denying of said variance, and
WHEREAS, the Commission found that the project will have no significant
environmental impacts and adopted the Negative Declaration issued on IS-83-3
with the following mitigating measures:
1. Air conditioning units shall be roof mounted, located midpoint front
to rear and screened to avoid adverse noise impacts on adjacent
residential property..
2. The easterly elevation shall be architecturally treated to soften the
visual impact on the adjacent residential uses and the parapet on the
single story structure along the easterly elevation shall be deleted.
3. Security lighting within the rear yard area, except at the area of
parking, if desired, shall be limited to under 6 feet in height above
finished grade.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOIdS:
a. That a hardship peculiar to the property and not created by any act of the
applicant exists.
The 120 foot lot depth of the subject propert,~ creates difficulties in
developing when complying with the zoning requirements for parking,
landscaping and setbacks as established for the C-T zone.
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b. That such variance is necessary for the preservation and enjoyment of i
substantial property rights possessed by other properties irr the same zoning
district and in the same vicinity, and that a variance does not constitute a i
special privilege of the recipient not enjoyed by his neighbors. 'I~
The setbacks established in the C-T zone are designed to accommodate '
development on lots with adequate lot depth and, therefore, place a
hardship on the effective development of this site. Other properties
in the immediate vicinity are developed with setbacks of less than
25 feet.
c. That the authorizing of such variance will not be of substantial detriment
to adjacent property, and will not materially impair the purposes of the zoning
ordinance or the public interest.
The buildings will help reduce the impact of noise generated along Broadway
from the residential use to the east. The height limitations placed on the
commercial building will also minimize its impact on the adjoining single
family area.
d. 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY PLANNING COMMISSION OF THE
CITY OF CHULA VISTA, CALIFORNIA:
That a variance is granted to George Merziotis to reduce the rear yard setback
from 25 feet to 5 feet for the construction of a commercial building, subject to
the following conditions:
1. The development (including a sign program) shall be subject to review
and approval by the Director of Planning.
2. Both the one and two story portions of the building shall be reduced in
overall height by adhering to the requirements of the Uniform Building
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Code to reduce the height of parapet .walls along the easterly elevation.
3. The second story shall be located a minimum of 10 feet from the easterly
property line. ~
4. Trash enclosure shall not be located adjacent to the easterly property
line.
5. Approval of this request is subject to the mitigating measures listed I
in the Negative Declaration on IS-83-3.
This variance shall become ineffective and void if the same is not utilized within
one year from the date of this resolution in accordance with Section 19.14.250
of the Municipal Code.
PASSED AND APPROVED BY THE CITY PLANNING COM1M9ISSION OF CHULA VISTA, CALIFORNIA
this 25th day of August, 1982, by the following vote, to-wit:
AYES: Commissioners R. Johnson, G. Johnson, Pressutti and O'Neill
ABSTAINED: Commissioner Green
NOES: None
ABSENT: Commissioners Stevenson and Williams
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.Chairman
ATTEST:
Secretary