HomeMy WebLinkAboutCC RESO 16,079RESOLUTION M. 16,079
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, DENYING WITHOUT PREJUDICE
A ZONE VARIANCE APPLICATION TO ALLOW ACCESS
VIA AN EASEMENT ACROSS PROPERTY AT 2820 D AVENUE
FOR DEVELOPMENT OF A SINGLE-FAMILY DWELLING
ON ADJAC NT PROPERTY 1TO THE WEST
APPLICANT: RALPH KING
CASE FTT F NO. Z-2-89
WHEREAS, the appeal to the City Council of the Planning Commission's
denial of application for Zone Variance (Z-2-89) was considered by the City
Council of the City of National City at public hearings held on August 22,
and September 5, 1989, at which time oral and documentary evidence was
presented; and,
WHEREAS, at said public hearings the City Council considered the
entire content of Case File No. Z-2-89 which is maintained by the City, and
incorporated herein by reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures
required by State and City law; and,
WHEREAS, the action recited herein is found to be essential for the
preservation of public health, safety and general welfare.
NOW, THEREFORE, BE 1'1' RESOLVED by the City Council of the City of
National City, California, that the testimony and evidence presented to the
City Council at the public hearings held on August 22 and September 5,
1989, failed to support findings that because of special circumstances,
applicable to the property, the strict application of Title 18 of the
Municipal Code (Zoning) deprives this property of privileges enjoyed by
other property in the vicinity and under identical zoning classification;
and that the variance shall be subject to conditions as will assure that
the adjustment authorized by the variance shall not constitute a grant of
special privileges inconsistent with the limitations upon other properties
in the vicinity and zone in which such property is situated.
BP IT FURTHER RESOLVED by the City Council of the City of National
City, California, that this application is denied without prejudice for the
reason that upon dedication and construction of a roadway as required by
the City Council of National City, the need for a variance for accPss via
an easement will be negated.
BE IT FURTHER RESOLVED that the applicant shall offer for dedication
for roadway purposes a portion of property extending 17 feet south of the
northern property lines of 2820 D Avenue and the parcel immediately to the
west, and 135 feet west from D Avenue.
BE IT FURTHER RESOLVED that the applicant shall process boundary
adjustments to those properties if necessary to meet the 5,000 sq. ft. lot
size required in the zone.
BE IT FURTHER RESOLVED that the offers of dedication and boundary
adjustments shall be submitted and approved prior to the development of
those properties.
BE IT FURTHER RESOLVED that the City Council hereby denies without
prejudice the application for Zone Variance Z-2-89; and,
BE IT FURTHER RESOLVED that copies of this Resolution shall be
transmitted forthwith to the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall hPoome effective and
final on the day following the City Council meeting where the resolution is
adopted. The time within which judicial review of this decision may be
sought is governed by the provisions of Code of Civil Procedures Section
1094.6.
PASSED and ADOPT this 12th day of September, 1989.
GEORGE HQ WATERS, MAYOR
ATTEST:
;1--Ot
J
ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
R A
GEO GE H. EISER, III
CITY A'rlORNEY