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HomeMy WebLinkAbout2005-02-09 PC MINS MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, February 9, 2005 Council Chambers Public Services Building 275 Fourth Avenue, Chula Vista ROLL CALLI MOTIONS TO EXCUSE: Present: Absent: O'Neill, Cortes, Felber, Hom, Hall Madrid Staff Present: Nancy Lytle, Assistant Planning Director John Schmitz, Principal Planner Lynette Tessitore-Lopez, Associate Planner Elizabeth Hull, Assistant City Attorney MSC (Cortes/Felber) (5-0-1-0) to excuse the Commissioner Madrid. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER APPROVAL OF MINUTES: MSC (Felber/O'Neill) to approve minutes of January 10, 2005 as submitted. Motion carried. MSC (Cortes/Felber) to approve minutes of January 12, 2005 as submitted. Motion carried with Cmr. O'Neill abstaining. Motion carried. INTRODUCTORY REMARKS: Read into the record by Chair Cortes ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCM 04-16; Consideration of an amendment to the Eastlake Business Center II Sectional Planning Area (SPA) plan, Planned Community District Regulations, Design Guidelines and associated regulatory documents. MSC (Felber/Horn) (5-0-1-0) to continue public hearing to an unspecified date. Motion carried. Planning Commission Minutes - 2 - February 9, 2005 2. PUBLIC HEARING: PCS 05-03; Consideration of a Tentative Subdivision Map to convert 202 apartment units at 750 E. Naples Court into individual ownership condominiums. MSC (O'Neill/Felber) (5-0-1-0) that the Planning Commission open public hearing and continue it to February 23, 2005. Motion carried. 3. PUBLIC HEARING: ZAV 05-13; Consideration of a Zone Variance application requesting to waive the two-car garage requirement for an addition greater than 50% of the existing dwelling unit floor area. Background: Lynette Lopez reported that the applicant is proposing a 644 sf addition to an existing 917 sf single-family residence located at 163 G Street. The property is located between First and Second Avenue, north of G Street, a neighborhood consisting of well-maintained traditional single-family homes, most of which are built on lots containing approximately 7,000 sf. The homes surrounding this parcel predominately have two-car garages. The need for the construction of a two-car garage is the result of the owner's intent to add on more than 50% of the square footage of the existing residence. Section 19.24.190 and 19.22.170 of the Municipal Code require that additions to legal dwelling units that constitute 50% or more of the floor area of the original building shall comply with current zoning code. Chapter 19.62.180 states that all dwelling units in the R-1 zone shall have constructed on the same lot a two-car garage containing a minimum of 400 sf and a minimum dimension of 20 feet. There is ample room in the rear for a garage to be constructed with access to the rear from the westerly side of the parcel. A legal non-conforming situation already exists on the site in that the original single-car garage was converted to a bedroom in 1952. This conversion was legal with the benefit of a permit issued in 1952. In order to be able to grant the variance, there are four findings that must be made; they are: . That a hardship particular to the property and not created by an act of the owner exists. . That such a 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 Planning Commission Minutes - 3 - February 9, 2005 of the recipient not enjoyed by his neighbors. . That the authorizing of such variance will not be of substantial detriment to the adjacent property and will not materially impair the purposes of this chapter or public interest. . That the granting of such variance will not adversely affect the General Plan of the City or the adopted plan of any government agency. Upon evaluation of the proposal, it is staff's opinion that there is no evidence of a hardship, therefore, the findings for granting a variance could not be found. Staff Recommendation: Based upon the findings of fact, that the Planning Commission deny the request for a variance from the two-car garage requirement of the R-1, Single-Family Residential Zone. Public Hearing Opened. Marisa Rascon, 163 G Street, Chula Vista, applicant, stated that her family of five needs the added living area (extra bedroom) to her existing two-bedroom house. Ms. Rascon stated she surveyed her neighborhood and found that the majority of the homes don't have a two-car garage. Ms. Rascon indicated she disagrees with the rationale behind the code requirement because in reality a two-car garage could not house their two SUV's and they would end up having to park one of their vehicles on the street. The Rascons would like to be able to park their two vehicles along the side of their home, pulling in all the way to the rear of the property on their driveway. Cmr. Horn asked for clarification as to what the Commission needs to consider in order to grant the variance. He also asked if the applicant has considered reducing the floor plan to less than 50% of the floor area. Elizabeth Hull stated that in order to approve the variance, the Commission would need to make the findings and establish a record reflecting that there is a hardship or some unique problem that would be able to justify the findings. If the findings are not met, then the variance cannot be approved. Ms. Rascon responded that they had discussed with their contractor the possibility of reducing the square footage and they determined that it was not in the best interest of their investment to reduce the square footage. Cmr. O'Neill stated that he could not make the finding that are required per the Municipal Code and offered a couple of alternatives: 1) as previously stated, that the square footage be reduced to less than 50% of the FAR, and 2) construct a secondary unit, which can be up to 850 sf and is allowed by right. Planning Commission Minutes - 4 - February 9, 2005 MSC (Cortes/Horn) (5-0-1-0) that the Planning Commission continue public hearing to March 23, 2005 to allow the applicant time to consider other potential options. Motion carried. ADJOURNMENT to the Special Joint meeting of the City Council and Planning Commission on February 14, 2005. ~~"~ '~:'l07 Diana Vargas, Secretary t6--?lanning Commission