HomeMy WebLinkAboutReso 1988-13441 RESOLUTION NO. 13441
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING THE APPEAL ON ZAV-88-6 TO
VARY THE LOT SIZE, SETBACK AND FENCING
STANDARDS REQUIRED FOR CHURCHES IN RESIDENTIAL
ZONES AT 110 THIRD AVENUE - CALVARY CHAPEL
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Variance ZAV-88-6 involves an application to
vary from the lot size, setback and fencing standards required
for churches in residential zones, and
WHEREAS, on November 18, 1987, the Planning Commission,
by a vote of 5-0 with two Commissioners absent, denied the
application for a variance, and the applicant has appealed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby deny the appeal on ZAV-88-6
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.
There are no discernable hardships related to the property,
and the financial condition of the church is not a hardship
justifying a variance.
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 granting of the variance would represent a special
privilege in that no other church or ancillary church
operation has been allowed on a standard R-1 lot.
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~- 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 property standards in question have been adopted in order
to protect the character and quality of the residential
living environment. The site in question does not have
adequate site area or separation to provide reasonable
assurance of such protection.
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 granting of the variance would not be consistent with
General Plan policies regarding the adequacy of church sites
and the protection of existing residential neighborhoods.
Presented by Approved as to form by
~eorge ~rempl, D~r'ector of D. Richard Rudolf, As~t
Planning City Attorney
3634a
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CrfULA VISTA, CALIFORNIA, this 2rid day Of February
19 88 , by the following vote, to-wit:
AYES: C0unci]members Cox, Moore, McCandliss
NAYES: Councilmembers Malcolm, Nader
ABSTAIN: Councilmembers None
ABSENT: Councilmembers None
ATTEST '~' ~ Chula Vista
~Clerk
5 i ATE 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 thor the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 1344] ,ond thor the some hos not been omendad or repealed
DATED
--- ~ CityClerk
CHUtA Vl -\
CC-660