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HomeMy WebLinkAboutCC RESO 2004 - 203 (3)RESOLUTION NO. 2004 — 203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A VARIANCE FOR A REDUCED FRONT YARD SETBACK FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE AT 304 EAST 27TH STREET APPLICANT: RAUL SALINAS CASE FILE NO. Z-2004-7 WHEREAS, the City Council of the City of National City considered a Variance application for a reduced front yard setback for an addition to a single-family residence at 304 East 27th Street, at the regularly scheduled City Council meeting of October 5, 2004, and continued to the meeting of October 19, 2004, 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-2004-7 and 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 that the testimony and evidence presented to the City Council at the public hearing held on October 5, 2004, and continued to October 19, 2004, support the following findings: 1. That because of special circumstances applicable to the property, including size, 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 the lot, which is developed with a single-family house built up to the minimum front yard setback, is larger than most lots in the area, and since the minor encroachment will result in greater architectural consistency with City Design Guidelines. 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 limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed addition minimally encroaches (48 square feet) into a large (1,320 square feet) front yard setback area, and since a large useable front and side yard will still be maintained. 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 permitted in the RS-3-PD Zone. Resolution No. 2004 — 203 A November 16, 2004 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Zone Variance authorizes the construction of a two-story addition to an existing single-family residence, including a partially covered front porch below a portion of the proposed second floor addition that would extend 2 feet-10 inches in front of the required setback. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", Case File No. Z-2004-7, dated July 1, 2004. . 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. 3. A two -car garage, as well as a third, covered parking space (i.e., carport) shall be constructed on the property. The design shall comply with the National City Land Use Code and Design Guidelines. 4. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 5. Before this Zone Variance shall become effective, the applicant and the property owner both 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 return the signed and notarized Acceptance Form within 30 calendar 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 San Diego 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 the Zone Variance 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. 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 National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2004 — 203 A November 16, 2004 Page Three 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. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: 4 Micha-I R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney