HomeMy WebLinkAboutReso 1989-14103 Revised 5/19/89
RESOLUTION NO. 14103
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ZAV-89-31 TO ALLOW FOR A
6-FOOT HIGH WALL TO BE LOCATED IN THE FRONT
SETBACK AREA AT 9 L STREET - W. H. BARTON
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on July 6, 1988, Walter H. Barton, owner and
resident of 9 L Street, wrote to City Council requesting an
amendment to the Chula Vista Municipal Code to allow 6-foot high
walls in front setback areas for homes fronting on thoroughfare
roads, and
WHEREAS, at its meeting of July 12, 1988, Council
referred the matter to staff, directing staff to discuss the
matter with Mr. Barton and report back on the same, and
WHEREAS, on December 6, 1988, Council considered the
report, and referred the matter back to staff requesting that a
draft ordinance be prepared with an explanation of the criteria
to be considered by the City, and
WHEREAS, on April 4, 1989, Council reviewed staff's
draft ordinance and explanation of the criteria to be considered
by the City. At that time, Council referred the ordinance back
to staff for further study and directed staff to consider a
variance for Mr. Barton's specific property.
WHEREAS, the project is exempt from environmental review.
WHEREAS, on April 26 1989, the Planning Commission voted
4-2 to recommend that Council approve the request for a variance
in accordance with Resolution ZAV-89-31.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve ZAV-89-31 to allow
for a 6-foot high wall to be located in the front setback area at
9 L Street in accordance with the following 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 its individual merits.
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The property is located on a high volume, noisy
collector street within close proximity to a major
intersection resulting in a noise reading which far
exceeds acceptable City standards.
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.
A wall is needed to preserve an acceptable living
environment. Other properties in this area have not
indicated similar noise issues.
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.
The proposed wall design, setback and landscaping will
enhance the design and thus add the improvement of area
which is not landscaped or maintained.
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 variance applies to one lot and, therefore, will
have not an adverse affect on the General Plan of the
City.
BE IT FURTHER RESOLVED that said variance is subject to
the following conditions:
1. A wall not to exceed six feet shall be constructed.
The wall need not necessarily cover the full width of the lot,
but shall be constructed as a decorative wall (i.e., split face
Dlock, stucco facing, brick).
2. A landscaping and irrigation plan shall be approved
by the City Landscape Architect.
3. A maintenance agreement shall be filed with the City
and recorded on the deed stipulating that the owner and
successors of interest agree to maintain the landscaping and the
wall in accordance with City standards and plans on file with the
City. Failure to perform said maintenance to the satisfaction of
the City will authorize the City to enter the property and
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perform said maintenance upon written notice to the
owner ten days prior to any action. All costs incurred
by the City shall be charged to the owner and a lien
placed on the property.
Presented by Appro~Lto form by
Geg~"'Kre~emp or of / J.~ ron, Cxty Attorney
5683a
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
C, ,dLA VISTA, CALIFORNIA, this 16 doy of May
19 89 , by the following vote, to-wit:
AYES: Councilmembers Moore, Nader, Cox
NAYES: Cound ] members McCandliss, Malcolm
ABSTAIN; Cound]members ~o~e
A~ENT: Cound ]membe~s ~o~e
.... "MO e C~y o o Vista
ATTEST~ ~ ~
S, . E 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 o full, true and correct copy of
RESOLUTION N0. 14103 ,and that the some has not been amended or repealed
DATED
City Clerk
CC-660