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HomeMy WebLinkAboutPlanning Comm Rpts./1996/09/11 (5) PLANNING COMMISSION AGENDA STATEMENT Item 1 Meeting Date 9/11/96 ITEM TITLE: Public Hearing: Variance ZAV-96-13; request to exceed maximum lot coverage and encroach into required side and rear yard setbacks for an overhead shade cloth structure used in conjunction with a home orchid growing and sales operation at 1341 Park Drive, within the R-I (Single Family Residential) zone - Eugenia Hammond The proposal is for a variance to allow excessive lot coverage as well as setback encroachments in order to maintain an overhead shade cloth structure in the rear yard of a single family home located at 1341 Park Drive in the R-I Single Family zone. The applicant utilizes the shade cloth structure netting in the operation of her approved orchid growing "home occupation" conducted primarily in the backyard of her residence as well as for orchids grown as a hobby, The Environmental Review Coordinator has detennined that this project is exempt from environmental review under CEQA as a Class 5(a) exemption. RECOMMENDATION: That the Planning Commission adopt attached Resolution ZA V -96- 13 denying the request based on the findings contained therein. DISCUSSION: Site Characteristics The project site is an approximately 7,517 sq.ft, single family residential "corner" lot (Park Drive actually stubs at just beyond the residence, see locator). Although the project site is relatively level, it is situated at a lower elevation than the abutting street to the west and at a higher elevation than the easterly neighboring residence, It is approximately at -grade with Palomar Park to the south. Wood fencing topped by razor wire surrounds the rear yard of the property, Page 2, Item 1 Meeting Date 9/11/96 Zoning and Land Use Zone Land Use Site North South East West R-1 R-1 R-1 R-1 R-1 Single Family Residence Single Family Residence Palomar Park Single Family Residence Single Family Residence Proposal The request is for the encroachment of the shade structure into the required side and rear yards, as well as to allow excessive lot coverage. The R-1 zone requires sideyard setbacks of at least 10 ft. on one side and 3 ft, on the other, a rear yard setback of at least 10 ft., and maximum lot coverage of 40%. The shade cloth is attached to structures, supporting poles, and side property line fencing, thus creating 0 ft. sideyard setbacks, and extends to within approximately 5 ft. of the rear property line, Further, the coverage of the cloth (approximately 1,333 sq,ft.), when added to the square footage of the existing residence and attached patio (2,887 sq,ft.) and existing accessory structures (385 sq,ft.), translates into lot coverage of 61.3%. The shade structure is not highly visible from outside the boundaries of the property, The shade cloth structure is already in place and is utilized in conjunction with a home occupation in which the applicant raises and sells orchids (the applicant notes that approximately 75% of the orchids grown are for private use, and 25 % are for the business), The structure was observed during a visit to the residence in April by City Code Enforcement staff responding to neighborhood complaints about this and other issues related to the home occupation. This prompted the subsequent application for a variance, ANALYSIS The Uniform Building Code defines a building as "any structure used or intended for supporting or sheltering any use or occupancy". The shade structure clearly qualifies under this definition and is thus subject to the zoning code regulations regarding setbacks and lot coverage, The shade structure is apparently necessary to shelter the orchids, and the applicant's contention is that she will be unable to continue to raise the orchids without some means of protecting the plants from the sun, Staff initially suggested some type of low shelter (under 4 ft) that would not be subject to setback or coverage regulations. However, the applicant desires ready access to the plants and feels that any type of low cover would make this too difficult. Page 3, Item 1 Meeting Date 9/11/96 Although there does not appear to be an alternative to the cover for the purpose of maintaining ease of accessibility and the current extent of planting, and therefore the current volume involved in the home occupation, this should not constitute a hardship in the sense required for approval of a variance, Section 19. 14. 190(A), (findings required for a variance) specifically states that loss of prospective profits is not a hardship justifying a variance (please refer to attached Resolution for findings that must be made to grant a variance), Further, staff finds it inappropriate to grant a variance for the purpose of accommodating a home-based business on a single family property. The regulations for home occupations are designed to ensure that they clearly function as accessory uses, and incidental to the residential use of the property, do not change the residential character or appearance of the site, and do not impact surrounding residential properties, To grant businesses privileges not enjoyed for the primary residential use of similar properties is contrary to the intent of the home occupation ordinance, Staff believes that the difficulty in meeting the findings required for approval would remain even if there was not a business involved. One component of the findings is "that a hardship peculiar to the property... exists", This property does not seem to be unique in any way from neighboring properties, either by virtue of size, configuration, topography, or any other aspect that staff is able to identify. A second required finding is "that such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties.,.a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors", In staff's opinion, the granting of this variance to allow excessive lot coverage as well as encroachment into required setbacks would in fact be a privilege not enjoyed by the applicant's neighbors, whether the intent was to serve a business or simply accommodate a hobby, CONCLUSION Since the context in which this situation arose involved neighbor's complaints regarding the home-based business, staff has discussed this aspect of the property as it relates to the variance, (It should be noted that the applicant has also provided a petition signed by neighbors in support of the request, which is attached). However, staff believes that without the business involved, the necessary findings for approval still could not be made. Based upon the previous discussion, staff is unable to find a hardship justifying approval of either of the requested variances, and therefore recommends denial of the request. Page 4, Item 1 Meeting Date 9/11/96 Attachments 1. Planning Commission Resolution 2, Locator/Plans 3. Code Enforcement Documentation 4. Petition from neighbors 5. Disclosure Statement (ill: \home\planning\patty\zav9613 . fep) RESOLUTION ZAV-96-13 RESOLUTION NO. ZAV-96-13 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION DENYING A VARIANCE TO ALLOW EXCESS LOT COVERAGE AND ENCROACHMENT INTO REQUIRED SETBACKS FOR A SINGLE FAMILY HOME LOCATED AT 1341 PARK DRIVE, WITHIN THE R-1 SINGLE FAMILY RESIDENTIAL ZONE WHEREAS, a duly verified variance application was filed with the City of Chula Vista Planning Department on April 18 1996 by Eugenia Hammond, and; WHEREAS, said application requests approval to exceed allowable lot coverage and encroach into required side and rear yard setbacks for a shade cloth structure at the single family home located at 1341 Park Drive, within the R-1 zone; and WHEREAS, the Environmental Review Coordinator has detennined that this proposal is exempt from environmental review under CEQA as a Class 5(a) exemption, and; WHEREAS, the Planning Director set the time and place for a hearing on said 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 10 days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as advertised, namely September 11, 1996 at 7:00 p,m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby find, detennine, resolve, and order as follows: The above-described application for a variance is hereby denied based upon the following findings and detenninations: I. Findings. 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 it individual merits. No hardship peculiar to the property exists; the subject site is not unique by virtue of its size, configuration, topography, or any other identifiable aspect. The request would simply allow the applicant to shelter the current volume and types of planting existing on the property under a structure which exceeds current lot coverage and setback requirements, 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. The approval of this variance would not serve to preserve property rights for this owner enjoyed by other properties in the same zoning district and in the same vicinity, as the growing of particular plant species (orchids) under a shaded structure is not a substantial property right in the R-1 zone, Other properties in the same zoning district and in the same vicinity are not pennitted the lot coverage and encroachments that are requested; this variance, if granted, would thus constitute a special privilege of the recipient not e~oyed by neighbors. 3. That the authorizing of this variance would be of substantial detriment to adjacent property, and would materially impair the public interest. The approval of this variance would not in itself represent a substantial detriment to adjacent property and would not materially impair the public interest. 4, That the granting of this variance would adversely affect the general plan of the city or the adopted plan of any governmental agency. The granting or denial of this variance would not affect the General Plan or the adopted plan of any governmental agency. II. A copy of this resolution shall be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11th day of September, 1996, by the following vote, to-wit: AYES: NOES: ABSENT: Frank Tarantino, Chair Nancy Ripley, Secretary LOCA TOR, SITE PLAN, FLOOR PLAN . .. ------------- ~-- (\ ----------- ~~o~ ~s"{ \ \-- o \ \ \ \ \ \~ o~~ ~~'l- \ \ ~ -------------- -------- PROJECT LOCATION ~. 0' ~' ~ 'I> " ""Q / L , CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~: Eugenia Hammond PROJECT DESCRlI'I10N: C) VARIANCE PROJECT 1341 Park Drive Request: To exceed lot coverage and encroach into the ADDRESS: required side and rearyard setback areas for garden netting SCAlE: FILE NUMBER: utilized in conjunction with home occupation. NORTH No Scale ZAV-96-13 v ~ rY ~) I , I I I I / / I ! I... t 5if ~~k.. /0'(/ I f 1/ I r i ~ ~ AlLl v- -- ~ 'ro.v.1 1'('",\\.q(" rMK/~ r /.// . I j , iI~/Q~n 1/ _ , , /'\~tI'nj ,/ '-'" , I .....- ~--~---------- -~---~---- I 'j)";JfW'" .) G ".....3<2. St." 1-1 ~,rn rn il/? A )3;.;/ f~r/... 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'.... , " / " I' t. ,~ i > CODE ENFORCEMENT DOCUMENTATION ~~~ ~ ~~~~ ~~-:=-= CllY OF CHULA VISTA PLANNING DEPARTMENT February 27, 1996 Eugenia Hammond 1341 Park Dr. Chula Vista, CA 91911 Subject: Home Occupatio:1 Permit fer r::sidence lo-::ated at 1341 Park Dr. Dear Ms. Hammond: The City of Chula Vista issued a Home Occupation Permit and Business License to you on March 22, 1989, for a small home nursery at your residence at 1341 Park Dr. Since that date the following violations of the permit have been noted by the Planning Department: 1) The entire rear yard open space area is covered with plant materials which are being processed for commercial use and which are covered by permanent overhead sunshade structures which extend to the side and rear property lines. 2) Direct sales to customers are conducted at the site on a daily basis creating an impact on vehicle traffic and parking on the street. 3) A small business directory sign is located on the front elevation of the residence. Please see attached for a copy of the permit and statements regarding the nature of the operation you completed and signed in 1989. Based on the forgoing the Zoning Administrator finds that the following must be accomplished within 15 days of this letter or the permit will be deemed revoked in accordance with CVMC 19. 14.490D attached hereto: 1) The shade structures are, subject to the City's setback coverage and floor area ratio regulations. They shall be altered to comply with these regulations per an approved plan unless a variance is separately applied for and granted; 2) Customers shall not come to the residence. All sales shall occur at the customers residence or place of business; 3) The sign shall be removed. .'7G rOUfn H ^' r ICI-P,I! ^ \!!';TA r.f\l II (~f;NIJ\ q1~11' '11;_''111,'11 ,ill' . You have the right to apply to the Planning Commission for a variance with respect to Item 1 and to file an appeal to the Planning Commission with respect to items 2 & 3. A completed variance application and plans and an appeal form along with a deposit fees of $1000.00 each ($2000.00 total) must be received by this office within ten days of the date of this letter. Forms are available from the Planning Department. In the absence of said appeal the decision of the Zoning Administrator is final. If you have any questions please call me at the Planning Department (telephone No. 691-5101). S;'=1y, ~ ' / ~ ...~~ Norm Ostapimki c:\wp51Ilupelhammond.no CITY OF CHULA VISTA ~A~f /9;8 Mr. Griffin This I~tt~r is in r~gards to MI". Norm Ostapinski's I~tt~r of F~b,27, 1996; copy enclos~d, which contains untruths and misin- formation. His I~tter was written aft~r I had spoken with him in p~rson at th~ planning offic~ as w~11 as two oth~r conv~rsations with Mr. Rog~r Jon~s at my r~sid~nc~, I tak~ ~xc~ption to th~ following; ITEM #1; "Th~ entire r~ar yard op~n spac~ ar~a is cov~r~d with plant mat~rial which ar~ b~ing proc~ssed for commercial us~," This is not true. Approximat~ly 25% of th~ orchid plants are b~ing grown for my I~gal busin~ss, th~ r~st of th~ orchid plants ar~ my own personal collection start~d some 40 years ago. Also stat~d, "Th~ ~ntire real" yard open spac~ which ar~ cov~red by permanent overh~ad sunshad~ structures which ~xtend to the side and r~ar prop~rty lines," This is also not tru~. Only th~ real" side shade netting extends to the fenc~ which is 3 feet in from the sid~walk, The real" 6 f~~t of shad~ n~tting is strung on a wire and is 10 f~~t inside my prop~rty from the f~nc~, and th~ f~nce is 2 feet in on my prop~rty from th~ prop~rty lin~, land which th~ Palomar Park is using. ITEM #2: "Dir~ct sales to customers are conducted on a daily basis-----," This is also not true. My gard~n is.op~n for visitors only 2 days a w~ek, not every day as his letter states. And as for "creating an impact on vehicle traffic and parking on the street." This is also not true, I have over the last several months had only 2-4 cars visit my garden over an 8 hour day and these cars park in front of my house or beside my house. The only traffic created on this street was created by the City of Chula Vista when they put in the Palomar Park at the end of a short residential dead-end street with no turn around or usable parking lot, This traffic problem goes on 24 hours a day, 7 days a week with park goers parking in front of resident's homes, blocking driveways and drag racing down the street; not to mention their graffiti, vandalism, burglaries, trash dumping and human waste in our yards that we are forced to live with on a daily basis. Even the Chula Vista police stop and pick up trash while on their daily rounds, We also live with the selling and using of drugs and prostitution on the street in front of our homes and in the park, that makes an impact on the neighborhood, not the 2-4 cars over an 8 hour period that I have 2 days a week. ITEM #3: This is nothing more than knit-picking harassment, The sign, which has already been taken down, was only 4"x6" and could not even be read from the sidewalk in front of my house, The number 113" and the number 11411 of my house numbers were each bigger than my sign. I hope that the above sets the record straight as to the facts regarding by business and my rear yard, Sincerely, 2 ~~ ~-:-::::ond ~(~ ~ .=- ~--1i:" mY OF CHULA VISTA PLANNING DEPARTMENT April 18, 1996 Ms, Eugenia Hammond 1341 Park Drive Chula vista, CA Dear Ms, Hammond: This is in response to your letter of March 2~, 1996, requesting eleven items of information regarding the pending Code Enforcement action involving your property. I would ask you to contact Roger Jones directly with respect to Items 1-4, He can be reached at 691-5007, I have given him a copy of your letter reflecting those four items, and he has said he is in the process of responding, with regard to the remaining items, please see attached and as follows: Item 5: CVMC section 19,14.490 B, commercial traffic to the attached) Item 6-9: CVMC Chapter 19,24. contains all of the setbacks and coverage requirements applicable to your property (see attached with highlights), Subsection B prohibits any site from non-residents (see Item 10: CVMC section 19.14,490 D (see attached) Item 11: A written report was not prepared following my visit to your home on March 21st. As I stated to you at that time, you can have no signs or clients/customers coming to the home, You were going to prepare a site plan of the nursery structures to determine what process was available to pursue the retention of those structures in conjunction with your home occupation, An additional issue has been brought to our attention with regard to the front yard storage of supplies and materials related to the home occupation. This is a violation of CVMC 19.14.490D (see attached), 276 FOURTH AVE/C><ULA VISTA. CALIFORNIA 91910/(619\ 691-5101 A plan was submitted on April 17, 1996, and I aqreed to accept a zoning Administrator variance application to consider setback encroachments and excessive coverage, I indicated to you that I may be able to support a variance provided there is no significant or substantiative objections from the neighbors, Sincerely, ~~ Steve Griffin Principal Planner Attachments cc: Roger Jones, Code Enforcement SG:mw CITY OF CHULA VISTA PETITION ) ~ w.. th.. und..r "n..d n..ighbors of G..nie H<. .,iOnd r..sident of 1341 Park Dr., do not find h..r backyard shade netting nor her plant business to be an eye sore, a noise disturbance, nor a traffic problem for our neighborhood. We would appreciate your favorable support for her continu- ing the licensed operating of her backyard plant business as she has don.. for the previous 7+ years, , .';' Name Address ----------------------------- ----------------------------------- l~~~__~2~~~-L------------- l~~f__~~~--------------- /326 m~ 012wd. ----------------------------------- L3~~_~~~~~__________________ ~~-i?~~--~~----------_ . ~~~----~~~---~~-------- .!l-.)r;&:f:hL -'4#------ .!~~;[-~-~--------------__ ~i_-~~~~~------- l}_~}__~~~_______________ ~~~------- L~~~~_~________________ .-~~:J~<J~an:~------ j?J~__~~__~~._______________ ~Zf~~:2c~--- l~:~--~~e.;(--~~~------------ ~ .;:, c;~~L 7:?:;;P/f--'-:v:--------- ~ ~~---- ----------~--~-------------- ~3~7_~-~JCL------------ C2 ~~_________~~______________ jY~:~ :~,---- -L~_C>._~--~_~------------n ~- '" _ .. ..: --- 13f~Lg..{!g:2.~------------nn .J.t. -~ - Li'~.1_~~~.Y..~-----________.______ ... C .. 1 Q')~~___ ~-~_______n___ ,-:J, ~Er-- g.t)6.&-.__ Ld?JLj!lt!Y:5j}Jl.C,JL____________ -(.... - --- ~ -.. ----------------------------------- .....'..M....~_. ". '.:::l/-~.",' ,i..1~t;".',. -~../i~~"..',"'. Name -J.i.L~Jlia.m. ~J-iJa . .;1~ __ .2JL ~-~ ~------- n_Cif:__~_.DJ.~. ",1, .",~~, ~, j".../ /..336 /J /11/ 'i".~\.", '.,.~", .7l;2 -- --- '::4~- ------L~:.':L:::__. --'-;,.i~.~~ V - /7 r-:-1 1\ '... ~ ,;t" ~Z - ?C~~~--$_~~_~____ l~-~~-_~~__JD1S-_____~~~~_~~___~: ~ 'l'''''~ :J~ . ", ~~~~~:===:~~~~~~~~~~~~~~~~~~ ~----------------------------- 3\ ~----------------------------- .. .~---------_.:..:..:._-----------~~:.:... ~----------------------------- .i~_____________________________ ~------------------------------ ~----------------------_:_---- 331------------_________________ 9~-:.-----------------------____ d:l_________________~___________ ~---------------------------- ~---------------------------- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~--------------------------- ----------------------------------- ~--------------------------- ----------------------------------- ~~--------------------------- ----------------------------------- / , --------------- . -~---------- ------ '~ H.W___~._._ ----------- .'I~". .~'''' -~ '''''' '" ."~' ..'- -.-"~""~;;;..;---- , .Address -B~Lf1.LJ "'7 :,"" -------------------~---~-~~j~diM~_ -------------------------------;~~:~~t:. --------------------------~:-.~ --, ';;-'Iii,]',"kl~.-:t. ~.H, ' "~O;:'\~;J; ',..r.; ,f ' ,. .': --------------------------------- ,,~. r" ,....'.~.." 'Vflt' __"<Iti.'.;f~,."t ...., "'t,o"" ~~ft,."" -.,:. ';i', :~';,\ ----------------------------------- ,i ,~~,<~)~~ ----------------------------------~..r,,~..i:;,,':r'i: . ....... .'. ,;,.,,}.L.)1~, .. -,..'\~,:'.:";'..i.'.,...;'r,1!\1.i;.i.~.- ---------------------"":"-"::"--....:-..;;...:...____::::f'.- ,1~'" ", " '",-_" c DISCLOSURE STATEMENT THE l., If OF CHUlA VISTA DISCLOSURE S'I~IEMENT You arc required 10 file a Statement of Disclosure of certain ownership or financial interesls, payments, Or campaign contrihutions. on all mailers which will requirc discrclionary aClion on Ihe part of the Cily Council, Planning Commission, and all olher official bodies, The following information must he disclosed: I. List the names of all persons having a financial inleresl in thc property which is thc suhject of the applicalion Or the contrat:I, c.g., owner, appJiGInI. contraclor, suhconlractor. material supplicr. f\A~VlI'o- tk.~n-."h,J ~ If any person' identified pursuant to (I) 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 inlercst in the partnership. K If any pcrson' identified pursuant to (I) ahovc is non-profit organi'Altion or a trusl, list Ihe names of any person serving as director of the non-profit organi'Altion or as trustee or beneficiary Or truslor of Ihe trust 4, Have you had more than $250 worth of business transacled with any memher of the City staff, Boards, Commissions, Commillees, and Council within the past twelvc months'! Yes_ No-x'f yes, please indicate person(s): _ / Plcase identify each and every person. including any agents, employees, consullants, Or independent contractors who you have assigned 10 represent you before the City in Ihis matter. 6, Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 10 a Councilmember in the current or preceding ciccI ion period? Ye.s_ N(~ If yes, state which Councilmember(s): . , . (NOTE: Date: ~~1/ ~ /~?6 Attach additional pages as necessary) . ~ ~ ?~ ~~~ ~- -- Signature of contraclor/applicant /5u.g..!n/ ~ H'f /:n;n,d Print or type name of contractor/applicant . Pm"1/ is defi1/ed os: "A1/Y u.diV/dunl, /inn, cnpn'",crship, jOlT" ''''UUT<, associa,i"" rocial club, fra.mlal "'!Ia1/izo.ior, C<'tpOfatior, <SIa.e, ITWI, m:dY<r, S)ndieOle, dW and allY oma' COUI">" city alld cDulIlry. city fnw.icipa/iry, district, 0' Oilier political subdi~'isiotl, or OilY olher !?OUP Of CornhilUJI;OII DCWJg as II WUL"