HomeMy WebLinkAboutReso 1989-13976 RESOLUTION NO. 13976
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DECISION OF THE
PLANNING COMMISSION TO DENY ZAV-89-8
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Henry N. Kleis has requested a variance to
legitimize two studio apartment units at 675/681 Sea Vale Street
in the R-3 zone, and
WHEREAS, said units are converted garage space and are
substandard with regard to minimum floor area and rear yard
setback, and
WHEREAS, on November 30, 1988, the Planning Commission
voted 6-1 to deny the request in accordance with Resolution
ZAV-89-8, and
WHEREAS, the project is exempt from environmental review
as a Class 5(a) exemption, and
WHEREAS, the City Council held a public hearing on
_January 10, 1989 and after hearing all testimony, voted to affirm
he decision of the Planning Commission based on 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.
The property is rectangular and level, and there is
nothing unique about its relationship to surrounding
properties. It is not a hardship that the property
was developed in the 1950's at a density below the
maximum allowed in the R-3 zone. The standards
would not prohibit the owner from achieving a yield
commensurate with higher density R-3 projects should
he choose to redevelop the property. Any financial
burden to an "innocent" party in complying with the
City's zoning standards is also not a hardship
justifying a variance.
2. That such variance is necessary for the
preservation and enjoyment of substantial property rights
-~ossessed by other properties in the same zoning district and in
ae same vicinity, and that a variance, if granted, would not
constitute a special privilege of the recipient not enjoyed by
his neighbors.
There is nothing inherent to the property which
deprives this parcel of the property rights enjoyed
by other parcels in the same zone and vicinity. It
suffers no disadvantage in relation to other R-3
properties which develop at densities below that
authorized by the underlying R-3 zone. It would be
a special privilege to allow this property to
maintain substandard units in order to achieve
densities similar to properties which must fully
comply with City zoning standards.
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.
It is not consistent with the purposes of the zoning
ordinance nor in the public interest to maintain
unusually small, irregularly-shaped dwelling units
which can only offer a marginal living environment
for their occupants.
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 Housing Element calls for the provision of good,
sound housing for all economic groups, and states
that low and moderate income households are entitled
to the same residential and environmental amenities
as those which are standard to other families.
Approval of the variance is not consistent with this
policy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby affirm the decision of the
Planning Commission to deny ZAV 89-8 to legitimize two studio
apartment units at 675/681 Sea Vale Street.
Presented by Approved as to form by
~ orge~rehpl, Director of ~,b6m~s J. ~:n, City Attorney
'olanning
~129a
-- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHUL/A VISTA, CALIFORNIA, this 21st day Of February
19 89 , by the following vote, to-wit:
AYES: Councilmembers McCandliss, Nader, Cox, Malcolm, Moore
NAYES: Counci]members None
ABSTAIN: Counci]members None
None
ABSENT: Counci 1 members
May~the C/~i'y ~
a t of Chula Vista
~,/'\ City Cl~rk~'' ¢:r
STA, _ OF CALIFORNIA )
SOUNTY OF SAN DIEGO ) ss.
;ITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
)O HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13976 ,ond that the some hos not been amended or repeoled
~ATED
City Clerk
:C-660 · -
24-