HomeMy WebLinkAboutReso 1993-17073 RESOLUTION NO. 17073
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AFFIRMING THE DECISION OF THE PLANNING COMMISSION
AND THEREBY DENYING THE APPEAL ON ZAV-93-06
WHEREAS, a duly verified application for a variance was filed with the
Planning Department of the City of Chula Vista on November 9, 1992, by J & D
Construction on behalf of Cora Marguia, the property owner; and,
WHEREAS, said application requested approval to reduce the sideyard setback
from 10 ft. to 6 ft. in order to construct a carport at 140 Mankato Street in the
R-1 zone; and,
WHEREAS, the application was noticed and subsequently denied by the City
Zoning Administrator on the basis the property was found to be a typical,
rectangular single family lot with no apparent hardship related to the size
configuration or topography of the property or the manner in which it has been
developed; and,
WHEREAS, the Zoning Administrator also found that a narrower conforming
carport which complies with the applicable setbacks could be constructed on the
westerly side of the dwelling; and,
WHEREAS, on December 17, 1992, J & D Construction on behalf of Cora
Marguia, the property owner, filed an appeal from the decision of the Zoning
Administrator; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
appeal 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., Wednesday, January 27, 1993, in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission and said hearing was thereafter closed;
and,
WHEREAS, the Planning Commission voted 7-0 to uphold the decision of the
Zoning Administrator and deny the appeal in accordance with Resolution ZAV-g3-06;
and,
WHEREAS, on February 11, 1993, Gerald Drewett for Cora Marguia filed an
appeal from the decision of the Planning Commission; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
appeal and notice of said hearing, together with its purpose, was given by it
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,
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Resolution No. 17073
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m., Tuesday, April 13, 1993, in the Council Chambers, 276 Fourth Avenue,
before the City council and said hearing was thereafter closed; and,
WHEREAS, the project is exempt from environmental review as a Class 1(L)(4)
exemption due to the fact it is an accessory structure involving negligible
expansion of an existing private use.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as
follows:
1. The property is a typical, rectangular single family lot with no apparent
hardship related to the size configuration or topography of the property
or the manner in which it has been developed; and,
2. A narrower conforming carport which complies with the applicable setbacks
could be constructed on the westerly side of the dwelling.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby affirms the decision
of the Planning Commission and denies the appeal.
Presented by r~soi~or J
Robert A. Leiter o d
City Attorn y
Director of Planning ' ' e '
Resolution No. 17073
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 13th day of April, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
~rly ~(. AGthelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 17073 was duly passed, approved,
and adopted by the City Council held on the 13th day of April, 1993.
Executed this 13th day of April, 1993.
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