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HomeMy WebLinkAboutCC RESO 92-208RESOLUTION NO. 9 2- 2 0 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, DENYING A PLANNED DEVELOPMENT PERMIT APPLICATION FOR A SECOND RESIDENCE ON A LOT AND ZONE VARIANCE FOR EXCEPTIONS TO PARKING, UNIT SIZE, SETBACK, AND MINIMUM LOT SIZE REQUIREMENTS AT 524 "E" AVENUE. APPLICANT: ALBERTO GURROLA CASE FILE NOS. PD-1992-5/Z-1992-2 WHEREAS, the appeal to the City Council of the Planning Commission's denial of Planned Development Permit application (PD-1992-5) and Zone Variance application (Z-1992-2) was considered by the City Council of the City of National City at a public hearing held on November 10, 1992, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. PD-1992-5 and Z-1992-2 which are 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, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT 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 hearing held on November 10, 1992 support the following findings: 1. That there are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) does not deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, since other properties in the area are of similar size and configuration and are similarly limited in the maximum number of dwelling units, setback, parking and unit size requirements. 2. That the requested variance is not subject to such conditions which will assure that the adjustment authorized would constitute a grant of special privileges in consistent with the limitation upon other properties in the vicinity and zone in which such property is situated, since the proposed dwelling would replace a nonconforming structure which was voluntarily demolished. CONTINUED ON PAGE 2 Page 2 of 2 Resolution No. 9 2- 2 0 8 3. That the site for the proposed use is not adequate in size and shape, because the property measures 4,312 square feet in area where 10,000 is required, and the property cannot provide adequate setbacks, parking or unit size as required by Title 18 of the Municipal Code (Zoning) 4. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since if approved the project would result in the reconstruction of a nonconforming residence with inadequate unit size, parking, setbacks and lot area. BE IT FURTHER RESOLVED that the City Council hereby denies Planned Development Permit application No. PD-1992-5 and Zone Variance application No. Z-1992-2; 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 become 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 Procedure Section 1094.6. PASSED and ADOPTED this 17th day of November, 1992. Al I'EST: s LO I ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: GEORI#°' H. EISER, III, CITY ATTORNEY vJ e GEORGE . WATERS, MAYOR