HomeMy WebLinkAboutReso 1965-3697 RESOLUTION NO. 3697
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING THE APPEAL OF BOLLENBACHER & KELTON, INC. ,
FROM THE PLANNING COMMISSION DENIAL OF A REQUEST FOR
A VARIANCE
The City Council of the City of Chula Vista does hereby
resolve as follows :
WHEREAS , the City Planning Commission has heretofore held
a public hearing, on February 1, 1965 , to consider the application
for a variance from the 1300 square foot minimum floor area
requirement to construct 34 homes, submitted by Bollenbacher &
Kelton, Inc . , and
WHEREAS , the Planning Commission, by a vote of six to one,
denied such request for a variance and Bollenbacher & Kelton, Inc. ,
filed an appeal from such denial with the City Council, and
WHEREAS , the City Council has heretofore held a public
hearing to consider said appeal .
NOW, THEREFORE , BE IT RESOLVED by the City Council of the
City of Chula Vista that, after fully hearing all evidence submitted
on said appeal and considering all testimony presented at said
hearing, the City Council does hereby make the following findings
of fact:
1 . That in the development of that subdivision known as
Southwestern Estates, the strict application of the minimum floor
area requirement of 1300 square feet creates particular difficulties
and unnecessary hardships in that the initial development necessary
to stimulate the growth of said subdivision cannot be accomplished
by rigid adherence to said minimum floor area requirement.
2 . The variance requested will not detrimentally affect
the public safety and welfare of the surrounding community, and
permission to build 18 homes with less than said minimum floor area
does not conflict with the general purpose of said zoning restriction.
3 . The lack of a population nucleus necessary to initiate
the growth of said subdivision, and the subdivider ' s plan to provide
-1-
a more flexible development plan, which was formulated prior to the
adoption of the minimum floor area requirement, and the taking by a
public agency of a substantial portion of the land originally
contemplated for development by the subdivider, constitute exceptional
circumstances which do not apply generally to other areas within the
city located in the R-1 zone.
4 . In the absence of a more flexible development plan for
the limited number of houses requested by the subdivider, it will
not be possible to stimulate the growth of said subdivision and a
substantial property right of the subdivider will therefore be
affected.
5. The 18 houses which will not meet the minimum floor
area requirement are located as set forth in the exhibit presented
by the subdivider will be of identical architectural design as the
other homes within the subdivision and will not detrimentally affect
the surrounding development.
BE IT FURTHER RESOLVED that the City Council, based upon
said findings does hereby grant the appeal of Bollenbacher & Kelton,
Inc. to reduce the minimum floor area requirement on 18 of the 34
homes to be constructed and located as set forth in the exhibit
presented by said subdivider, and does hereby overrule the City
Planning Commission, and grants the variance subject to the conditions
as set forth in the exhibit presented by subdivider.
Presented by
Approved as to form by
,.,,-).\'.,- .1,_,K.--4.‘,--,,,c A.,. - 4 George D. Lindberg, City Attorney,''"
-2-
Form No 300
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 27th day of April , 1965 ,
by the following vote, to wit:
AYES : Councilmen McAllister, Anderson, McCorquodale,
McMains
NAYS : Councilmen Sparling
ABSENT: Councilmen None
t.. a'.�. ,ci. i✓f try/ ,:,C
Mayor of the City of Chula Vista
ATTEST _,, -�'� GLu_t
-tY Clerk
by
Deputy
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss .
CITY OF CHULA VISTA )
I , , City Clerk of the City
of Chula Vista, California, DO HEREBY CERTIFY that the above and
foregoing is a full, true and correct copy of Resolution No. ,
and that the same has not been amended or repealed.
DATED:
City Clerk
by
Deputy