HomeMy WebLinkAboutResolution No. 14-7461 - Denying Appeal of a Variance (PLN-12-00261) Requesting to Deviate from DMC Section 9312.08(A) in order to Encroach Into the Required 20-Ft. Rear Yard Setback, thereby allowing the Main Structure to be Built to the Property Line AtRESOLUTION NO. 14-7461
A RESOLUTION DENYING AN APPEAL TO THE PLANNING COMMISSION’S
DENIAL OF A VARIANCE (PLN-12-00261) REQUESTING TO DEVIATE FROM
DOWNEY MUNICIPAL CODE SECTION 9312.08(A) IN ORDER TO
ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK,
THEREBY ALLOWING THE MAIN STRUCTURE TO BE BUILT TO THE
PROPERTY LINE AT PROPERTY LOCATED AT 7215 BAIRNSDALE STREET
(AIN: 6366-031-002)
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS :
SECTION 1. The City Council of the City of Downey does hereby find, determine
and declare that:
A On October 17, 2012, the applicant, Alberto Montalvan, on behalf of
owners Mr. and Mrs. Elias, submitted an application for PLN-12-00261
(Variance) – A request to deviate from Downey Municipal Code Section
9312.08(a) in order to encroach into the required 20-foot rear yard
setback to allow the main structure to be built to the property line on
property located at 7215 Bairnsdale Street, zoned R-1 6,000 (Single
Family Residential); and,
B.On April 18, 2013 notice of the pending public hearing was published in
the Downey Patriot and notice was sent to all property owners within 500’
of the subject site; and,
C.The Planning Commission held a duly noticed public hearing on May 1,
2013 and after fully considering all oral and written testimony and facts
and opinions offered at the aforesaid public hearing adopted Resolution
13-2823 denying PLN-12-00261 (Variance); and,
D On May 10, 2013 the owners, Mr. and Mrs. Marco Elias, submitted an
appeal to the Planning Commission’s denial of PLN-12-00261 (Variance);
and
E On June 13, 2013 notice of the pending public hearing was published in
the Downey Patriot and notice was sent to all property owners within 500’
of the subject site;
F.The City Council held a duly noticed public hearing on June 25, 2013 and
after fully considering all oral and written testimony, facts and opinions
offered at the aforesaid public hearing continued the item;
G On September 13, 2013 notice of the pending public hearing was
published in the Downey Patriot and notice was sent to all property
owners within 500’ of the subject site;
H The City Council held a duly noticed public hearing on September 24,
2013 and after fully considering all oral and written testimony, facts and
opinions offered at the aforesaid public hearing continued the item;
RESOLUTION NO. 14-7461
PAGE 2
I On January 2, 2013 notice of the pending public hearing was published in
the Downey Patriot and notice was sent to all property owners within 500’
of the subject site; and
J The City Council held a duly noticed public hearing on January 14, 2014
and after fully considering all oral and written testimony, facts and
opinions offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The City Council further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been
found to be in compliance with the California Environmental Quality Act (CEQA) and is
categorically exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5,
Minor Alterations in Land Use Limitations)
SECTION 3. Having considered all of the oral and written evidence presented to
it at said public hearings, the City Council further finds, determines and declares that
f.That exceptional or extraordinary conditions or circumstances exist
which are peculiar to the land, structure, or building involved and
which are not generally applicable to other lands, structures or
buildings in the same vicinity and zone.
Exceptional or extraordinary conditions or circumstances do not exist at the
subject site. The subject site meets most minimum requirements of the R-1
6,000 (Single Family Residential) zone, with exception of the minimum lot
size. The subject lot was created in 1959 and met the standards of the time,
and although it does not meet the minimum square footage requirements for
a new lot today, the existing property does conform to the average lot size
and pattern of adjacent properties. In addition, the existing dwelling was
developed lawfully through a building permit issued March 18, 1959 with
subsequent lawful additions permitted via building permit No. 82-2121 and
No. 08-381. There are no physical conditions that are peculiar to the land,
structure, or building involved, which are generally not applicable to other
lands, structures or buildings in the same vicinity or zone. The site or
development is not unique in nature; as such, the applicant can feasibly
comply with all current zoning standards
2 That the literal interpretation of the provisions of this article would
deprive the applicant of rights under the terms of this article
commonly enjoyed by other properties in the same vicinity and zone
in which the property is located.
As previously mentioned the subject site meets most minimum
development requirements of the zone and as such, has enough area to
meet the setback requirements of Section 9312.06 of Downey Municipal
Code (DMC). The main dwelling on this property currently legally [non-
conforming] encroaches into the required minimum 20-foot rear yard
setback by 10 feet, and thus, is currently enjoying rights not commonly
enjoyed by other properties in the vicinity. As such, it is staff’s opinion that
this finding cannot be made
RESOLUTION NO. 14-7461
PAGE 3
3.That exceptional or extraordinary conditions or circumstances do not
result from the actions of the applicant.
Approving this variance (PLN-12-00261) will allow the applicant to
construct an attached, open patio cover over a deck that includes a
barbeque area and counter space abutting the rear property line leaving
no setback. Approval of the variance will result in a special circumstance
as a result of the action of the applicant since the required minimum rear
yard setback from the main dwelling to the rear yard property line is 20
feet
4.That granting the variance requested will not confer on the applicant
any special privilege that is denied by this chapter to other lands,
structures, or buildings in the same vicinity and zone in which the
property is located.
Approving this variance (PLN-12-00261) will confer on the applicant a
special privilege since properties in the vicinity maintain similar zoning
and uses to the subject property, yet are able to comply with the City’s
development standards.
5.The granting of such variance will be in harmony and not adversely
affect the General Plan of the City.
The subject site has a General Plan Land Use designation of “LDR'’ (Low
Density Residential), which the Zoning Code implements through the
residential property development standards described in Downey Municipal
Code Section 9312.08 (a) – R-1 Zone Property Development Standards.
Section 9312.02 of the Downey Municipal Code (Residential Zones)
explains that the intent and purpose of the R-1 Zone regulations are to
provide for the development of single-family residential areas. The
provisions of the zone are intended to ensure that the residential character
of such areas will be stabilized and maintained. Additionally, the zone
encourages residential development that retains the scale of the existing
residential neighborhood while facilitating adequate air, light, privacy and
open space for each dwelling unit (DMC Section 9312.02 (a) (5) & (6)).
Finally, granting the proposed variance would allow the applicant to alter the
property in ways that do not comply with the Table 9.3.3 – R-1 Zone
Property Development Standards of Section 9312.08 of the DMC for
properties in residential zones, and thereby would not be in harmony with
the General Plan of the City,
6.That the reasons set forth in the application justify the granting of the
variance and that the variance is the minimum variance that will make
possible the reasonable use of the land, building, or structure.
The applicant is requesting approval of the variance (PLN-12-00261 )
because the illegally constructed patio cover and deck do not conform to
the provisions of Table 9.3.3 - R-1 Zone Property Development Standards
of Section 9312.08 of the Downey Municipal Code. Consequently, the
structure encroaches into the required minimum 20-foot rear yard
setback. Additionally, Section 9410 of the DMC prohibits this use’s
RESOLUTION NO. 14-7461
PAGE 4
alteration in a manner that increases the current legal, non-conforming
10-foot rear yard encroachment of the main dwelling into the required rear
yard setback. Finally, Section 9204 of the DMC requires the
discontinuance and removal of illegal buildings or structures. As such, the
reasons set forth in the application do not justify the granting of the
variance
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the City Council of the City of Downey hereby denies PLN-12-00261
(Variance)
SECTION 5. The City Clerk shall certify to the adoption of this Resolution
APPROVED AND ADOPTED this 14th day of JanLbal G
IDaPa
Mayor
ATTEST:
Ea=',kId:L,a„.u
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City
Council of the City of Downey at a regular meeting held on the 14th day of January
2014, by the following vote, to wit
AYES:
NOES:
ABSENT:
ABSTAIN
Council Members: Brossmer, Saab, Marquez, Mayor Vasquez
Council Member: Guerra
Council Member: None
Council Member: None
FD-Rn–a:aFNizlaaT
City Clerk