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HomeMy WebLinkAboutReso 1988-13785 Revised 9/21/88 RESOLUTION NO. 13785 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND THEREBY APPROVING ZAV-89-3 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on August 20, 1988, the Planning Commission approved Variance ZAV-89-3 to locate parking within the exterior sideyard setback and reduce landscape screening in conjunction with an office building at the northeast corner of "H" Street and Smith Avenue, and WHEREAS, the decision of the Planning Commission was appealed to the City Council, and WHEREAS, the City Council held on public hearing on this matter on September 20, 1988. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find 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 subject lot has a hardship in that double setbacks on both of the street frontages are required whereas they are not required at a number of other locations throughout the city. This singles out the subject lot to comply with regulations which other lots have not had to meet. 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. -1- The property across the street from the subject property has not been required to provide the setback therefore the granting of the variance would not represent a special privilege and it does not represent something that is not enjoyed by other corner lots in the same general vicinity or zone. 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. Authorizing the variance will not be of substantial detriment to the adjacent property nor materially impair the purposes of the public interest due to the commercial nature of the properties in the vicinity and the fact that the adjacent corner is developed in the same manner. 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. It will not adversely affect the Chula Vista General Plan nor is it contrary to the aesthetic values embodied in the plan due to the commercial character of the general vicinity. BE IT FURTHER RESOLVED that based on the findings above that the City Council does hereby approve Variance request ZAV-89-3 subject to the following condition: The property owner is required to construct a 5.5 foot non-commercial monolithic curb/sidewalk along the Smith Avenue frontage and thereby leave a 4.5 foot right-of-way behind the sidewalk which shall be planted in conjunction with the 1 foot strip on the applicant's property resulting in a landscape screen with a total depth of 5.5 feet. The landscaping shall be coupled with a 3 foot high decorative wall. Presented by Approved as to form by 'l " ~~ Ha/' lln City ~eor~e 'Krempl, 5irector of ' Attorney Planning 4693a -1- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF jHULA VISTA, CALIFORNIA, this 20th dOy Of September ~9 88 , by the following vote, to--wit: AYES: Councilmembers Malcolm, Cox, Moore, McCandliss, Nader NAYES: Cound ] members None ABSTAIN: Counci ]members None ABSENT: Cound ] members None /%Of t/~h~ C¢0~ Chulo Visto ,'ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thot the obove ond foregoing is 0 full, true ond correct copy of RESOLUTZON N0. 13785 ,ond thor the some hos not been omended or repeoled. DATED City Clerk CC-660 ~ -/S"'7S'5"""'