HomeMy WebLinkAboutCC RESO 95-10RESOLUTION NO. 9 5 -10
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A
ZONE VARIANCE TO ALLOW A 3,943 SQ.FT. PARCEL
IN LIEU OF THE 5,000 SQ.FT. MINIMUM PARCEL SIZE
REQUIRED AT THE NORTHEAST CORNER
OF GROVE AND EAST 20TH STREETS.
APPLICANT: KENNETH E. HARGRAVE
CASE FILE NO. Z-1994-8
WHEREAS, the appeal of the City Council from the Planning Commission's approval of Zone
Variance 1994-8 to allow a 3,943 sq.ft. parcel in lieu of the 5,000 sq.ft. minimum parcel size required at
the northeast corner of Grove and East 20th Streets was considered at the regularly scheduled City
Council meeting of January 24, 1995, 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 No. Z-1994-8 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, 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 January 24, 1995, support the following findings:
1. That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, the strict application of Title 18 of the Municipal
Code (Zoning) deprives such property of privileges enjoyed by other property in the
vicinity and under the identical zone classification, since location of the existing garage
on proposed Parcel 1 leaves less than the required 5,000 sq.ft. of lot area for proposed
Parcel 2.
2. That the requested variance is subject to such conditions which will assure that the
adjustment authorized will not constitute a grant of special privileges inconsistent with
the limitation upon other properties in the vicinity and zone in which such property is
situated, since, except for Parcel 2 being less than the 5,000 sq.ft. minimum size
required, the proposed parcels and existing development are in accordance with all
Land Use Code requirements.
CONTINUE ON PAGE 2
Resolution No. 95-10
Page 2
3. That the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property, since single-
family residential development is a permitted use in the RS-3-PD zone designation
which applies to the property.
BE IT FURTHER RESOLVED that the application is approved subject to the following
conditions:
1. Before this Zone Variance shall become effective, the applicant shall sign and have
notarized an Acceptance Form, provided by the Planning Department, acknowledging
and accepting all conditions imposed upon the approval of this permit. Failure to
retum the signed and notarized Acceptance Form within 30 days of its receipt shall
automatically terminate the Zone Variance. The applicant shall also submit evidence to
the satisfaction of the Planning Director that a Notice of Restriction on Real Property is
recorded with the County Recorder. The applicant shall pay necessary recording fees
to the County. The Notice of Restriction shall provide information that conditions
imposed by approval of Zone Variance-1994-8 are binding on all present or future
interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Director prior to
recordation.
2. Use of the property as authorized by this Zone Variance shall be limited to a single-
family residence with permitted accessory structures.
3. This permit shall become null and void if not exercised within one year after adoption
of the resolution of approval unless extended according to procedures specified in
Section 18.116.190 of the Municipal Code.
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.
CONTINUED ON PAGE 3
Resolution No. 9 5-10
Page 3
PASSED and ADOPTED this 7th day of February, 1995.
GEORGE . WATERS, MAYOR
ATTEST:
LO ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. E1SER, III -CITY ATTORNEY