HomeMy WebLinkAboutReso 1986-12524 RESOLUTION NO. 12524
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONDITIONALLY APPROVING A VARIANCE
FOR INCREASE IN LOT COVERAGE FROM 40% TO 46.2%
AT 165 MURRAY STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, J. Anthony Raso has applied for a variance to
accommodate the expansion of his dwelling to cover 46.2% of his
lot, located at 165 Murray Street, and
WHEREAS, the project is exempt from environmental review
as Class 5A exemption, and
WHEREAS, on April 23, 1986, the Planning Commission
considered this application at a public hearing but denied the
application for the variance, and
WHEREAS, on May 6, 1986 the City Council unanimously
upheld the Planning Commission's denial of the variance on April
23, 1986 but further moved to reconsider the item following an
offer by the applicant to modify the design of the dwelling, and
WHEREAS, on June 5, 1986, the Design Review Committee
considered revised drawings of the dwelling prepared and
submitted by the applicant and was unable to make a
recommendation on the exterior design because of the lack of
detail on the plans, and
WHEREAS, on June 11, 1986, the Planning Commission
reconsidered J. Anthony Raso's request for a variance and after
considering the staff report and public testimony reaffirmed
their denial of the variance by a vote of 6-0, and
WHEREAS, the City Council has considered the staff's
report, the Planning Commission's minutes of June 11, 1986 and
public testimony prior to consideration of this motion.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby reverses the decision of the
Planning Commission and conditionally approves the variance for
increase in lot coverage from 40% to 46.25% at 165 Murray Street
subject to the following conditions:
1. The existing 20' x 65' accessory structure located
at the rear of the lot shall be removed.
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2. The maximum height of the dwelling shall not exceed
30 feet measured from the highest point of the roof.
3. The exterior design of the dwelling shall be
reviewed and approved by the Chula Vista Design Review Committee.
BE IT FURTHER RESOLVED that the approval of the variance
is based on the following findings:
1. The hardship in this instance must be viewed from
the neighborhood's perspective. The property could be made to
conform with the 40% lot coverage requirement but this would not
lower the height or reduce the bulk of the dwelling. The
granting of this variance as conditioned on the other hand will
reduce the height of the structure by 12 feet and result in
exterior design changes that will further reduce its apparent
bulk. These changes will relieve the hardship that the presence
of this massive and overwhelming structure has on the light, air,
privacy and sensibilities of neighboring residents. In addition,
it would mitigate any resulting hardship that may have resulted
from any alleged mistake by the City in the processing of the
applicant's building permit.
2. The granting of this variance will help insure for
neighboring properties the preservation and enjoyment of
substantial property rights possessed by other properties in the
same zone and vicinity. As a consequence of the granting this
variance, the recipient will relinquish the privilege of
maintaining the height of the dwelling at 42 feet as allowed by
the Code and will reduce the height to 30 feet in exchange for
the privilege of an increase in lot coverage from 40% to 46.2%.
3. The granting of this variance will be of substantial
benefit to adjacent properties and consistent with the purposes
of this chapter and the public interest in that it will result in
a reduction of the bulk of the dwelling which would otherwise not
occur.
4. The granting of this variance is consistent with the
goals and objectives of the General Plan as they relate to the
visual quality and livability of single family neighborhoods.
Presented by Approved as to form by
Ge~'ge Kr'empl/, Director of Ann Moore, Deputy City Attorney
Planning
1658a
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th dcly of. June
19 86 , by the following vote, to--wit:
AYES: Councilmembers Cox, Moore, Campbell, McCandliss
NAYES: Councilmembers Malcolm
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members None
MayoO of (,the City of Chula Vista
city
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12524
,and that the some has not been amended or repealed
DATED
City Clerk
CI'iY OF
CHULA vISrA
~C-660