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Home My WebLink About1992/09/15 Item 10 COUNCIL AGENDA STATEMENT Item It) Meeting Date 9/15/92 SUBMITTED BY: Public Hearing: ZAV-92-12: Appeal from the decision of the Planning Commission denying a request to decrease the required rear yard from 20 ft. to 6 ft. In order to legalize an already constructed sunroom at 671 Crescent Drive - Corazon C. Van Hecke Resolution l~rt?2en~;rV-92-12 Director of Planning ;t!I{:" City Manager 1C ~ 11 (4/5ths Vote: Yes_No.K.) ITEM TITLE: REVIEWED BY: The applicant's request Is to reduce the required rearyard setback In order to legalize an already constructed sunroom at 671 Crescent Drive In the R-1-P4 wne district. The properly Is governed by the precise plan guidelines adopted for the Sunbow development. The request Is based on the applicant's claim that the contractor who completed the work lead the applicant to believe that all required building permits had been obtained and that the sunroom was built In accordance with the applicable regulations, when In fact a permit was not obtained and the sunroom was constructed within the required rearyard setback. The project Is exempt from CEQA as a Class 3 exemption (Section 15303). RECOMMENDATION: That Council adopt the resolution denying ZAV-92-12. BOARDS/COMMISSIONS RECOMMENDATION: On July 8. 1992, the Planning Commission voted 6-0 to deny ZAV-92-12. DISCUSSION: Adjacent zonlne: and land use. North South East West R-1-1O R-1-P4 R-1-P4 R-1-P4 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Exlstlne: site characteristics The subject parcells 5,623 sq. ft. and has properties zoned for single family residential use on both sides. The rear lot line adjoins East Naples Street, with an Intervening landscape buffer of approximately 10 to 15 feet. The properties across the street are also zoned for single family residential use. All of the parcels in the Immediate vicinity are WPC F:\home\planning\50.92 ItJ-/ Page 2, Item I tJ Meeting Date 9/15/92 typically smaller than 6,000 sq. ft. The precise plan guidelines allow for a floor area ratio (F.A.R.) of 55% or a dwelling of 3,600 sq. ft., whichever Is greater. The residence without the sunroom totals 2,963 sq. ft., and has a F.A.R. of 53%. With the 336 sq. ft. sunroom the F.A.R. would be 59%, although the total enclosed floor area would be slightly less than the 3,600 s.q ft. maximum allowed on these lots, as noted above. The request Is to reduce the required rearyard setback In order to legalize an already- constructed sunroom at the rear of the dwelling. The sunroom has been constructed within 6 ft. of the rear property line, while the required setback Is 20 ft. The applicant Indicates that removal of the sunroom would cause a financial loss, and that this hardship Is not because of anything Improper that the applicant did. The applicant asserts that the contract for the sunroom specified that all required plans and permits were Included. The applicant believes that, since the contractor Is now out of business, she should not be held responsible for his negligence, and should not be required to remove the sunroom. ANALYSIS: The development standards allow room additions up to a total of 3,600 sq. ft. or 55% of the lot, provided that all setback requirements, including the 20 foot rear yard setback, are met. An encroachment to within 5 ft. of the rear property line Is allowed for open patio structures. An open patio In this Instance Is defined as a structure with lattice type roofing and Is open on a minimum of two sides. While many neighboring property owners have added open patios, no encroaching room additions have been approved. The following numbered Items represent the findings which must be made In order to grant a variance. Following each findings statement Is an analysis of the circumstances found In the present case as drafted by staff, adopted by the Commission, and proposed for adoption by Council: I, 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, famUy 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. The property is essentially rectangular and level, and there Is nothing unique about Its relationship to surrounding properties. The approved dwelling WPC F:\home\plann1ng\50.92 /P-~ Page 3. Item~ Meeting Date 9/15/92 contains 2.963 sq. ft. and an open patio cover may be added. It is not a hardship that the property is less than 6,000 sq. ft. since neighboring parcels have comparable areas. Any financial burden suffered by an "innocent" party in complying with the City's zoning ordinance does not meet the definition of a hardship justifying a variance. 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 privUege of the recipient not enjoyed by his neighbors. There is nothing inherent in the property which deprives this parcel of the property rights enjoyed by others in the same zone and vicinity. The encroachment would constitute a special privilege of the recipient, not enjoyed by her neighbors. 3. That the authorizing of such variance wiU not be of substantial detriment to adjacent property. and will not materiaUy impair the purposes of this chapter or the public interest. Setbacks serve to provide visual relief, as well as meeting health and safety requirements. A structure which extends so close to property lines reduced on- site open space and presents a crowded appearance, to the detriment of adjacent properties and in conflict with the purposes of this chapter and the public interest. 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 authorizing or denial of this variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. In this instance, neither the staff nor the Planning Commission could find a hardship related to the property or the dwelllng which would distinguish it from other properties in the area, and thus justifY a variance. Therefore, if granted. the variance would appear to constitute a special privilege not enjoyed by other properties in the same zone and WPC F:\home\plann!ng\50.92 /tJ~:J Page 4, Item If) Meeting Date 9/15/92 vicinity. The applicant would appear to have suffered a breach of contract at the hands of the building contractor. While we sympathize with the situation, the applicant should seek other avenues of redress. Notice of the hearing on the appeal to the Planning Commission was provided to all property owners within 500 feet of the subject site, and no objections were raised at the hearing. In addition, the applicant has submitted signatures from neighbors that apparently have no objection to the request. The signatures along with an exhibit Indicating their location by shading Is attached hereto. Finally, a letter from Sunbow Associates, which Is the developer of this project and administers the private architectural review process for the project, Is attached. In this letter, Sunbow states that It did not authorize the setback violation In this case, and does not recommend granting of a variance In this case or any other similar case. FISCAL IMPACT: Not applicable. WPC F:\home\planmng\50.92 10-r/;0-18 09. 1 O. 92 03 53 PM *PATRICK DEVELOPMENT P02 SUNPOW_ September 10, 1992 Bob Leiter Director of Planning City of Chula Vista 276 Fourth Avenue Chula vista, CA 91910 Subject: Request for Variance 671 Crescent Drive, Chula vista Dear Bob: In January, 1992, I was contacted by Mr. Norbert Celeri~ad who was representing his sister in her request for Sunbow Architeotura1 Committee approval of a sunroom addition. The improvement: had been constructed without prior Architectural approval around March of 1990 (as evidenced by the attached warrantee). In February, 1992, the Architectural Committee approve~ the improvement conditional to meeting all city setback requirements per the attached application. I made it perfectly clear to Mr. Celeridad the primary purpose of the committee was to guarantee an aesthetic fit and that the City had the final word on any property improvements such as this one. We do not requirements community. If you have any questions, please do not hesitate to call me at 231-3637. recommend for this any or variance any other with respect residence in to setback the Sunbow very truly yours, SUNBOW ASSOCIATES ~~ Bob cummings - -. ""'. .......... Fourth.--. San~. CoI_ 92101-1692. (619) 231-3637. F.a.x (819) 232-4717 / tJ ""> 09.10.92 03:53 PM *PATRICK DEVELU~MENT t'U-.J PLEAS! PILL OUT APPLICABLE PORTIONS AND SEND TO, SUNBOW DESIGN R&VIEW COMHITTEE 2445 Fifth Avenue, Suita 400,5.0. 92101 APPLICATION ,FOR ARCHITECTURAL COMMITTEE APPROVAL OF EXTI!RIOR IMPROVEMeNTS OWNER'S NAME CO..eA .zOIf (J.." V,AN #~a..KE PHONE ~.I?/-,R.;?&"..r OWNeR'S .0.001'11559.6'7/ Me..sae;vr ..b..e. OJlHe,/t /11.$'7,( 0.4. 9/,// APPLICANT'S NAME .sAMe- AS' A4~ JIG' PHONE 'SilMi!! AS ..eMY; APPLICANT'S AODRE&9 SAMe A;[' A&ye ADDRESS OF PROJECT tJ '71 o;ee.r~,A/ r ...2l.A!:lY~ SUBDIVISIONt'IIHLA f'JsrA . "-OT#:?'~-? ",v"'~/';""ff".6i:OT" "irlf'T ..sr- I WOULD LIKE TO REQUEST' APPROVAL FOR THI! FOL.LOWING IMPROVEMENT: /:1; 1;<, ,p.,..1 ..5//A/.6:'t::'M(A/.#~/#'v# ~~€2'~rAf:) ~.DHt!7) tr-rpt of Itnpro.tm.n.\ 1$ vir lu.c~d dr.wlng) SUBMITTAL REOUIREMENTS: The followln, mun be furnished with III epplicationl pltltenllld to Archltvc.u..1 COMmittee for approvII. Lock of .ny itom. or inlufflci..t det. on Qny item. will elu,", d.loy in ch""kin; and npproving pi"".. I. should be understood that NO IMPROVEMENT CAN PROCEED WITHOUT PRIOR WRITTEN APPROVAL OF THE COMMITTEE, 1. STR UCTUR ES . Inclu,ding but. not limited to patio covers. room ecIdltlons. 1encll$, a. PLOT PLAN . Must include property lin.. and dimension.: site of proposed new con.true. tion and 11. rolatlon.hip 10 property IInel and .'dltln; rtructul'8$; 10000tlon end dime".ion. of exlltln; Itructures, b. EXTERIO~ ELEVATION. An extar;or .Ia.etion or rendering which fully explain. tha .truetur8. c. BUILDING PLAN. Construction detlllll to ..lilt In evaluetlng the project; include dimon. sions. matorlalJ, cohuJ. 2. LANDSCAPING. LandlClpe plan must Ihow l~lItlon. type and slzl of each pl.nt: llI'ound Govars must be cl.arly .peciflad with Irrll/lltion indleotod. 3. eXTERIOR PAINTING. Color .hlp.'must be submitted. 4. SOLOR HEATING . Roquast a copy of tho Solar Heating Guidalin.t from thl A,chitae!ur.1 Comrnitt.. at the above lilted address and phone. Thi. typo of Improvemlnt requires lpec' lal app,oval, NOTE: It I. reqUired .h.. slgneture. be obtarned from nelghbon on nett sid. Dnd '0 the rea' of the 10. boing improved. indico'ln; they ere aware of Ihe propoHd improvements. DATE:.;<f re,s 1.;1 The undlrll;ned nolot1bors heve b",n Infonn,d of the alKlvo plennj;d Improve....ntl.(SI;netur. does not imply .pproval or ditapprowl). . '. &IV~ (i. 'z}a-.v f.uJ{L HOMEOWN '.SIGNATURE ~C~~ bl?- lIr.ht.ENr.Jr. ADVICORV COMMITTU" ROVAL ..i&!i~ <: --..r; At. ' #J 1'1/4I'L;/:t).J~9!~M,ITTEE PRELIMltUoRY APOROVAL /'7IJ cLtf.5(~r Py. . ~ J. f<::WL. ~ ,~ c.t'et"Colt-r1'~. Cp IT~PROVAL STREET & NUMBER IMPORTANT NOTICE FOil TOUR PIIOTWTI(lN ' , " INqUIIIE ABOUT PrlllMIT 1lEQ\lIRrlMENTS DEl'OlIt... STARTINC ANT WORK ON PROPERTY T1IAT INVOLV&5 ADDITIONS. ALTERATIONS, Oil MODIFICATioNS TO STRucrUML. ELEerRICA!., HIATINO. WATEIt. oA5. OR 6ANITAltT PLUMPING SYSTEMS: Nt'" INSTALL^TIONS 011 REPLACEMENT OF OAS. .~'RI'lINO OR ELE(;1'RICAL EQUIPMENT: Oft rI\Or'f;ft.TY IMPROVEMENTS l'lt"cot. (h'l'C'm Wall. ft.,.:..:p...W.I' ft..I~ fI~..u "__..p' ,....-. e.MkiOM of .",.....1' ~ . ,rtVs'f /I1e7 A('(" C.", iUQ_e>Jrf ft- ~rrlWk . AJ)jA,fiJT .A4~,.t. ~t" sJtt!T:) &i/(N(11 c.,,~ c:;..I/tf'lIMI.Hitl/f'V "~JMr ~ /~..." I i" "..~ I !" k I' Ii' ,I I: I I I I I i 1 , i f. r i , , , ! : / ,..... ! . I , , . i , i I I . i , l " ! , ! 09. 10.92 03: 53 PM *PATRICK DEVELOPMENT P04 . .~ ~ kJ ~ G: ~ ~ ><. ~. ,... .:'l:K ~ ~~ ~ ~~ C). ""l:~' ,!U~~ ~ ~ ~ ~. ~~ ~~ ...... ..... ~'1 ~ "'-l~~ ~ ~ ~~ "'( ~ .~~ I / /61- ~ ..... ~ .~ ~ ~ ~ '\ ~~ ~ ~ ~~ \, ~~ 5 ~ ~ ~~ ~ ~~ ~ ~ ~ ~~ ~ ~~ ~ ~ \l ~~ ;. ~~..... ~~\j'" ,.~~,~~~~. I , N / J ........ '-". .... '-'. --'-- '~.+~~~~~t.;;;7~ir~~m,;~-;h~2~;:Y ;'~~~7~~~', ~t..~.ic'<\:';;,""""".""""" .....0...."."...:_...'........ .,." <...0..".,.... '" ''':'''''''''':,~,::...,.~",,:<~ .: ". tJo.'1ilj'" ..)}.\i i"", "....,..; w'-<ilr,'~""" ~ ~@~rn~oo ~~ [60~Durn[Q) \YW~OOM[f(Dn 't~ t~ ~.'" ~ I....., '.,.. ADMIRAL I Rollformed Patio Products Issued To: Corazon Van Hecke Address: 671 Crescent Dr. Chula Vista, Ca. 92011 CERTlFICA TE Ne 1 839 O.t. 011..... Date Purchased 2-6-90 3-19-90 SEE REVERSE SIDE FOR FUll WARRANTY ~ AUMAX BUILDING PRODUCTS A~oIAVnM'~rH~t..atc.. ------------~------------------------------------------------------------------------~---------_. /ty-~ 'J7A~7- - · I l"fJ~ V-A --.~ . I 1 ~ . ,',,", . - ,V/10.' ..., .,--- ');tIN 7/ . ~...." ~ -\. . ~C ;! 7 r-::r . }-' ' , ~'-~./ I i ~ ~ __ - ~.::J J ~ \ . :: ~~ _ \.J_ :=: :s:- ")<. 1 L . Ji ' - ~ .......... ~ >- I L. '-;;( 1 IT. - .' . -~ . _ _c:;1' , .FFaJIi<or. -I..I'....~ .... _ ~= t jbc.A.TIlN I"-- ~ .::rt:I . . -f~ n."~ '" I " ~ 1- rrrr """'-" I ~' ~ ~ -" ~~" ,.: ROGER L .... 111.ro'r:} T ~ " :[ ; I ~ S ..; L....:- I~ .~. ~ ....~ ~ . , -w ' ;; ~. <:" ('\ W . J _ ~ " I.. U., . '..h J : E :l'O' );'r · ~~ . '\I J ,. :? J'r~ O.lt~ rP-~1 - ~-, '^ '" . ",. \~ ~ ~. ~ \ ~v:. 0 ( :: ~. ~ .;:-:..~:(:;;.:j~;-!~}/'JJ.r; ~,.,~ W' - ~ y. ~ ~ ;:! J,,,JJ.j .J..... "r.< 'J ..--. . - :T'" ,~-:.,;'_;::~f:....~'/~JJ, . ~ ~ ...~ 1_ I ",p"",,,'r'/"" - = · ;......JJ,,:. >;:,).j;jJ},;,-.-15. ~~. .r. - ;l' I . :,~~:-;'/;,~f5'(':('-9~1"'. r~~~/~'" tf" : ~!.' J ',~;-':i"/i.' J'JJJ ..A~' J '.' r'.J~~"'.$.J.'.f.~-::'~J1jI. ..~... -~ #1; , "-l;'.; . W' ..,'.. ~ ..'~ - ~ ,- ~ 4 I ST.;;;....:::i~s:if:i:'~:5if. \W-:7'l ~. v'" ~ I Tl' ....... ( r.. I- ,~~~~;:7r~i,~ (\ I' ..III , I' 7'~~" ,'11/ ~ ~"~"~;' ..".~;<.,,;:,.-.:,-:. , r. - l- ,laJ IJI"" . -. "'ofl'i-~\"""""''''.'''\ '\' .-. . ". "~,, ~"..' ....." 1 ' '" l)" . ).,.""...,..~:y.,t,~,~~';~'. ~ -/': \>,'::. I lU "'-< GREG . ". _ "y /-' ., . II " . KV' '~'$ ROGERS '&' "~ , f-.J ,~ ,r~ ~ I ../ ." .,_,-<.,PARK ~'iJ ! r-./ ,,,- I I - . - . ~ ..l . "-- ' ,,"",,,,,,,,. ,.', .1/ .;" T I T\ ~ '- "" '" . .. .' ~,.," ..'.J: /' ," I If 1I -m I \ '\: I~ u ~ A (CPMU>Il. - ...... >:'1 . ..11' ~~~~ _.). :-1. ....,. .... . LOCATOR . NORTH ( ZAV. "l~'I~ 1t'.'1) =~2'~~rz- (. -..5 . ._~ -r ~I ~! ~I ~' ~ ~. ~! "\ ~ ~ ~; ~i , I , , I ~l ! ~j , ' " tl~ !\ll~ ~~ . . ~I ~I ~i '0: j ... .- I oSr/t€c. r &- A./).!J,o:SS. r- 1- - - -i-- , ~ St.'c~!~.:.A:: ~ \ \ \ \ , . '1' \ , L- . I I I , , 'U ..3 Ole c;.40GE , . I ~ ~ " ~a A/.,A~ s.s' 7itI11IIL y tG4I hNfJ.Y ~<<'''' N'~.t .J)Pi:' 4!:. - , ,~ D '-r!iNr ~ -L ~ ~JG#T~ 0, . . - --~ , 11/-/(; ~ .. .... ~ ,t? tJf~ , F~h'/ r'~.t'.!-<:'7"" ~ fA""',! . , ~.~. ;-~.;' Aei~ J'"~.:J,3 ..,;;;;; r7. .r.g. 7~ ' f'~7 .n.o.>>2 ~ Jf"/~:rI",G /1''11.5'..''-;; r'A!O/'l)S.l~ .I.J~.si-,.r ..... . 7# nu.. .:v..2 7 S"t::;>' I)- ~:rC"t?"'ERAGLr~TA~/~"'<.M-eIt:;;:;'?_ - j: . LCTAI'f!~A S'~~.. - 39.~% , ! l- I() .---' - M' -T" ,. ~ " "- t-... "' ().. \ , -1/ . /./l' ~Ut. ,t)/N/~C; , /8 . R,-C!'r' I!J..A" L..~rJII..3S \ JIII/;&)#JII.b:)/tI/Slf~, /) \ vAlT}7.!aa- CoMz",,' '- t ~7/ C!Rs(l€//,~ \ ~1I:lt.I y/S7~ C;t. ;o/?";' /~r"" f7-,(? ~~tY't)/.l~j4 ~ -(,.. \ /)'~ ?~ti;;-I1 /27/ I ~() ii ~ ~ " ~ (- \\ I". '<:" \ :,; ~ " ., \~ t; l ~ , . . \ \ i ~ \ , ~-, ~!\ ~... ~ t'o. ('>." ..,. II'.- ~ ~ ~\t l'- ' .....;: ~ V\ _ .... ~ :- ~ .:., ~ ~~~h. . \Ii ~ t'- ~~ t\t" . ~ ~ 4 ~ ~t ~ ~~ '" ~'>< ~ ~ \) ~ ~ ':~ G1 ~ ~ I M~ -2p... ~ ., . ~"- _. -----~~- - ...- ~~~_ ____ _~_~ ~- - - ~..J. . ........JI~. --~f~~ -.-C~1fiA:"~ -,' -( af. -J ~. ~_.Ii?hit~ r; M) &v-~ u.u: --r. - . ()~-()~-'-!G-9 'tlf - i;l~~ .~ _' O~ C(,4€>~1 "briv-4. cW~ tjl'6r~::Q,,-, "1 /"J 1/- #;0- ~ , 7 :1 C tf'tfSC&Nr /)-f. C.14~L~ v/.S'Tr'I, CtfJ Q/'7/1 ~ 9:- ~~--=- ~~~~~- rP b g CItes c.eNT :1JR . CI/c...{ L,tJ 1/".. 7'IJ ,c.4. C; {9 {I G.flfl(:SlD E-.. OCJ;;foA - (c?7~ d(;;x'eNT 17}- c/:fU...L;+- 1/1"> r,A C)f - '? I? L / ~c c::.,~ ... -l I"-/~ 6-8 \\\ > -( --- --- --- / I I I I I I ( I ---,--,--- I I I I / I : ~-l--~ I I I I I I I . - _, L _,..J_ - ~ / '~"JfGi : ! 1/ l.C~noN I I I I I I . j I " I " I " "- '..... .- I , . '...... I ...... , , " , . , (~ c... VAJ,J "E:('Ye' , ~'I a~~...". "- HOm'l z"..V-12-12. I , 1 LOCATOR . ~~~ ~RY~~~~ ) f~J.D'.Tp v' ~~ ^ ~UN ~ 1/)~J3 . \ ~ ~ ~ . -. > " PC Minutes -18- July 8, 1992 ITEM 6: PUBLIC HEARING: VARIANCE ZA V-92-12: REQUEST TO REDUCE REARYARD SETBACK AT 671 CRESCENT DRIVE - Corazon C. Van Heeke Senior Planner Griffm stated that the request was to legalize an existing sunroom at the rear of the single-family dwelling at 671 Crescent Drive. He noted the sunroom was 6' from the rear property line, wherein the standards for that area required a 20' rearyard setback. Mr. Griffin said the applicant argued that removal of the sunroom would cause a financial loss which was not the applicant's fault. The construction contract for the sunroom called for all required permits to be obtained; they were not; the contractor was now out of business. The applicant did not feel she should suffer the financial loss brought about by the negligence of the contractor. Mr. Griffm noted that the Code specifically excludes personal or financial loss as a hardship which would justify a variance. Staff recommended denial of the request based upon the findings listed in the staff report. Mr. Griffin noted the applicant had submitted a petition which had been signed by neighbors who, it appeared, would not object to the proposal. Chair Fuller asked if the back of the property abutted East Naples. Mr. Griffin concurred. Answering Chair Fuller's query, Senior Planner Griffm said the sunroom was highly visible from the street and had been noticed by City staff as being very close to the rear property line. Commissioner Decker verified that the original contractor was out of business. Senior Planner Griffin said that staff was not aware of that relationship, but that was the applicant's statement. Commissioner Carson asked if the Planning Commission decision would be fmal. Mr. Griffin said it would be final unless appealed. Commissioner Casillas commented that this particular dwelling had 2900 ft. with aFAR of 53 % , it would appear that the enclosed sunroom would be excessive. It was regrettable that the contractor did not obtain the proper permits, but if this were approved, it would set a precedent. He would support the staff recommendation. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. Chair Fuller eehoed Commissioner Casillas' comments and reminded the consumer that it was a consumer-beware condition that when any construction is done, it should be checked thoroughly. It is the consumer's responsibility to make sure that any work done on their home is done to Code and properly. MSUC (CarsonlMartin) 6-0 to deny ZA V-92-12. Chair Fuller reminded the applicant that she had the right to appeal to the City Council within 10 days of notice from the Planning Department. /1/-/'/ 1 J RESOLUTION NO. ZAV-92-12 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION DENYING A VARIANCE WHEREAS, a duly veri fi ed applicat i on for a vari ance was fil ed with the Planning Department of the City of Chula Vista on Harch 30, 1992, by Corazon C. Van Heeke, and WHEREAS, said application requested permission to reduce the required rear yard setback from 20 feet to 6 feet in order to 1 egali ze an exi st i ng sunroom at 671 Crescent Drive in the R-I-P4 zone, and WHEREAS, the Planning Commission set the time and place for a hearing on said conditional use permit 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 500 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.. July 8, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the project is exempt from environmental review as a Class 3 exemption. 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. The property is essentially rectangular and level, and there is nothing unique about its relationship to surrounding properties. The approved dwelling contains 2,963 sq. ft. and an open patio cover may be added. It is not a hardship that the property is less than 6,000 sq. ft. since neighboring parcels have comparable areas. Any financial burden suffered by an "innocent" party in complying with the Cit's zoning ordinance does not meet the definition of a hardship justifying a variance. 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 his neighbors. JtJ -If ~ 6.. There is nothing inherent in the property which deprives this parcel of the property rights enjoyed by others in the same zone and vicinity. The encroachment would constitute a special privilege of the recipient, not enjoyed by her neighbors. 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. Setbacks serve to provide visual relief, as well as meeting health and safety requirements. A structure which extends so close to property lines reduced on-site open space and presents a crowded appearance, to the detriment of adjacent properties and in conflict with the purposes of this chapter and the public interest. 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 authorizing or denial of this variance will not adversely affect the General. Plan of the City or the adopted plan of any governmental agency. CONSIDERED AND DENIED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of July, 1992, by the following vote, to-wit: AYES: Commissioners Carson, Fuller, Casillas, Decker, Hartin and Tuchscher NOES: None ABSENT: None b"~~ Sus n Fuller, Chairperson ATTEST: ~ ~-iJo,,- an y Rip y, Se etar WPC 0406p -2- /~-/~ .~~.. ,"" - .. .., ) THE CITY vE' CHULA VISTA PARTY DISCLOSUJ<E STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: ' 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. -;;u:>'~~ 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the pannership. ~ ;u..-/ 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 7~/ 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No....i.L. If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. 2~' 6. Have.you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period'? Yes _ No V If yes, stnte which Councilmember(s): P~r'tln is defined as: "Any indil'idtlal,firm. co-partn(rship,jointl'(n1t1/'(, association, social club.fratcrnal o,!:anization. corporation. I C'sttll,., tnlSl, rrcci~'er, syndicate. this nnd nllY otller COllllty, cit)' alld COWlf1)', CifY, mlllliC/IJfllit)', district or otll(" political Sl1b,/il'isiulI, or any othcr grollp or combination acting as a IInit.' (NOTE: Allaeh additional pnges as necessnry) Datt:: '" ,;)C' ~ '1".t !' \" I.', \:DISCLOSETXIl t'~ .i!tJ/'f/ (!. V,A(V lfe~ Print or typt: nal11<: or contraclClr/applicant It) - I 7 6 - 9 J1lL~I"'~: I r '\II,'JOI RESOLUTION NO. I ~ 3' t/9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL OF A VARIANCE TO REDUCE THE REAR YARD SETBACK AT 671 CRESCENT DRIVE WHEREAS, a duly verified application for a variance, ZA V-92-12, was filed with the Planning Department of the City of Chula Vista on March 30, 1992, by Corazon C. Van Hecke, and WHEREAS, said application requested permission to reduce the required rear yard setback from 20 feet to 6 feet in order to legalize an existing sunroom at 671 Crescent Drive in the R-I-P4 zone ("Proposed Project"), and WHEREAS, the Planning Commission held a public hearing on July 8, 1992 and denied said application for a variance, and WHEREAS, the applicant filed an appeal from the Planning Commission's decision, and WHEREAS, the City Council 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 500 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 6:00 p.m. on September 15, 1992, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed, and WHEREAS, the Environmental Review Coordinator has determined that the project is exempt from the California Environmental Quality Act as a Class 3 exemption authorized by Section 15303 of the California Public Resources Code. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as follows: Section 1. CEQA Compliance. The Proposed Project is exempt from the requirements of the California Environmental Quality Act under the authority of Seciton 15303 as a Class 3 exemption. Section 2. Required Findings. With regard to the findings that an issuing authority (e.g., Zoning Administrator, Planning Commission, or City Council) is required to make, as set forth in Section 19.14.190, each of which are repeated hereinbelow in bold, the City Council finds, on independent, denovo review of the facts, as set forth below said required finding: A. First Required Finding--Hardship pecluliar to property. 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 WPC F;\h()me\planning\89.92 /~ ~/r; Resolution No. ;J,'$"P9 Page 2 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. The Council finds that the property is essentially rectangular and level, and there is nothing unique about its relationship to surrounding properties. The approved dwelling contains 2,963 sq. ft. and an open patio cover may be added. It is not a hardship that the property is less than 6,000 sq. ft. since neighboring parcels have comparable areas. Any financial burden suffered by an "innocent" party in complying with the City's zoning ordinance does not meet the definition of a hardship justifying a variance. 2. Second Required Finding-Variance Necessary to Enjoy Property in Manner Similar to Similarly Zoned Parcels. 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 his neighbors. The Council finds that there is nothing inherent in the property which deprives this parcel of the property rights enjoyed by others in the same zone and vicinity. The encroachment would constitute a special privilege of the recipient, not enjoyed by her neighbors. 3. Third Required Finding--No Injury to Neighboring Parcels and Public Interest. 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 Council finds that the setbacks serve to provide visual relief, as well as meeting health and safety requirements. A structure which extends so close to property lines reduced on-site open space and presents a crowded appearance, to the detriment of adjacent properties and in conflict with the purposes of this chapter and the public interest. 4. Fourth Required Finding--No Adverse Impact to General Plan. 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 Council finds that the authorizing or denial of this variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. WPC F:\homc\plaMing\89.92 )/) .- .2& Resolution No. /~!i'1J1 Page 3 Section 3. Ruling on Appeal. THE CITY COUNCIL hereby denies applicant's appeal. Presented by ~ Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney WPC F:\home\planning\89.92 /tJ-,2/ DATE: August 24, 1992 TO: Beverly Authelet. City FROM: Nancy Ripley, Planning Clerk Department@ SUBJECT: Referral from Planning Commission meeting of Please schedule the following for Council consideration at the meeting of 9/15/92 Forwarded herewith: Public Hearing Notice(s) and Mailing List(s). Forthcoming: Resolution(s) PH - Variance ZAV-92-12: Appeal of Planning Commission decision to deny a request to decrease the required rear yard from 20' to 6' in order to legalize an already constructed sunroom at the property known as 671 Crescent Drive /0":2 ? NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN that a public hearing will be held by the city Council of Chula Vista, California, for the purpose of considering an appeal of the Planning commission's decision to deny a request to decrease the required rear yard from 20' to 6' in order to legalize an already constructed sunroom at the property known as 671 Crescent Drive. copies of the as-built plans are on file in the office of the Planning Department. Any petition to be submitted to the City Council must be received in the City Clerk's office no later than noon of the hearing date. If you wish to challenge the city's action on this appeal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, September 15 ,1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. Beverly Authelet City Clerk Dated: 8/26/92 Case No. ZAV-92-12 / 1/:2 ~ . .1. :...'- ~..~ ./ T cr I ~ ~ r j- - =FK:L JiW- 'r-- -- .- i : _ ::::t:( I IT\:::: - _ - /r I IT 11 '\. - ~= I~~-r. ~r-- ~ _ t :l.ocATl~ "'r-...... . -~- I T "\J ~ NAPl-BS a.,..... - ~ ~" .....y r-- ROGERS ~ r I~~ . j =:' . .t ~ ' " \ ~ ~.. I~ i = ~ l!.J ..",., "'T- ~ {).11 " "" ~ _ ~ ~r'I 4. \~ _ '. l1, r< ~ "". "-(... ~ ~c.,v-~ 0 ~ =3 : ~ ~ ">:, ~ .. ""~ _w <l:.j, j..'. .,. h~. ~1'<~~ ~~ ..."JrJ ~...)_,J"'" . ~~ u _..:, ...J....... ~~_...J.:.r... ~os~. 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