HomeMy WebLinkAboutResolution No. 5343 RESOLUTION NO. 5343
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF IOWNEY
DENYING THE APPEAL
AND APPROVING ZONE VARIANCE NO. 90 -31
The City Council of the City of Downey does resolve as follows:
SECTION 1. The City Council does hereby find and determine that an appeal was
duly filed by Robert Brazeiton regarding the action of the Planning Commission
with respect to the Zone Variance filed by Gilbert and Marion Hasler for real
property described as follows: 9325 Cord Avenue, requesting a Zone Variance to
d setback; and a
h Downey Municipal al Code to allow a reduced setback; Section 9140 of the wne o
y P
000 zone;
variance to Section 9150 to allow an oversized driveway in the R1-10,000 ,
that a public hearing was duly set for September 11 and continued to September 25,
1990, at 7:30 p.m., in the Council Chamber of the Downey City Hall, 11111
Brookshire Avenue, Downey, California, and a notice of the date, time, place and
purpose of aforesaid hearing was duly given; that a hearing was duly held at the
aforementioned time and place. The City Council has considered all of the
information presented to it at the public hearing, including, but not limited to,
written reports of the City Staff and testimony and documentary evidence submitted
by the property owner, and finds that:
1. Special ecial conditions and circumstances exist which are peculiar to the
land involved which are not generally applicable to other lands in the
same vicinity because this property's street side property line
diminishes in an easterly direction which reduces this lot's street side
setback.
2. Literal interpretation of the provisions of the ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the City
under the terms of the zoning ordinance because other R -1 corner lots
without a diminishing street side property line would be able to develop
their buildings and still maintain their continuity and the required
setback area.
3. Special conditions and circumstances do not result from actions of the
applicant because the reduced setback area is due to an irregular lot
design.
4. Approval of the variance w i l l not confer a special privilege that is
denied b y Zoning the Zonin Ordinance to other lands since other similar lots
impacted by irregular lot lines have been granted similar variances for
reduction of setback standards.
5. Granting approval of the applicant's request will not adversely affect
the City's Comprehensive General Plan since the applicant's proposal for
an additional garage and an overwidth driveway are still compatible with
the surrounding neighborhood.
Resolution No. 5343
ZV 90 -31
Page 2
6. That the environmental impact of the proposed project has been reviewed
and has been certified to be in compliance with the California
Environmental Quality Act (CEQA) and the City's Environmental
Guidelines, and is classified as a Class I, Categorically Exempt
project.
SECTION 2. The City Council further finds and determines that facts exist as
required in Section 9164.18 of the Downey Municipal Code justifying the granting
of a Variance.
SECTION 3. Based upon the aforementioned findings, the Council hereby grants with
respect to the property described in Section 1, above , a Variance subject to the
following conditions:
PLANNING
i. This approval is for an attached one -car garage addition with a reduced
side yard setback of 11'6", a reduced rear yard setback of 12'6", and a
31' driveway as shown on the revised plot plan and elevation dated
July 25, 1990. Deviations or exceptions from said plot plan and
elevation shall not be permitted without the approval of the City
Planning Commission.
2. The Planning Commission shall retain jurisdiction to amend or add
conditions with public notice to assure compatibility with the purpose
and intent of the Comprehensive Zoning Ordinance and to protect the
public health, safety, and ge. eral welfare.
3. All conditions of Zone Variance #90 -31 application shall be complied
with before this zone variance becomes valid.
4. Obtain all necessary planning approvals.
ENGINEERING
5. The sprinkler heads in the parkway area shall be lowered to existing
grade.
BUILDING AND SAFETY
6. All electrical and telephone utilities shall be installed underground or
at the rear lot lines to the standards of the Engineering Division and
Building and Safety Division.
7. Obtain necessary permits and plan approvals.
Resolution No. 5343
ZV 90 -31
Page 3
SECTION 4. The permit hereby allowed is conditional upon the privileges being
utilized within one (1) year after the effective date thereof, and if they are not
utilized or construction work is not begun within said time and carried diligently
in accordance with conditions imposed by the Commission, this authorization shall
become void, and any privilege, permit or variance granted hereby shall be deemed
to have elapsed.
SECTION 5. If any section, subsection, sentence, clause, phrase or word of this
Resolution is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not effect the validity of the remaining
portions of this Resolution. The City Council HEREBY DECLARES that it would have
passed and adopted this Resolution irrespective of the fact that any one or more
of said provision may be declared to be invalid.
SECTION 6. Pursuant to the provisions of California Code of Civil Procedures
Section 1094.6, as adopted by Resolution No. 3406, judicial review of the City
Council's decision regarding this matter may be made pursuant to Section 1094.5 of
the California Code of Civil Procedure provided that a petition is filed not later
than the ninetieth (90th) day following the date of this resolution.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution and
shall transmit a copy to the applicant, Planning, Building and Safety and
Engineering Divisions.
APPROVED AND ADOPTED this 25th day of September , 1990.
t
TEST:
Roy L.
Paul Mayor
i City Clerk--
4 hereby certify that the foregoing is a true copy of a Resolution adopted by the
City Council of the City of Downey at a regular meeting held on the 25th day
of September , 1990, by the following vote:
AYES: 3 Councilmember: Hayden, Cormack, Paul
NOES: 2 Councilmember: Boggs, Brazelton
ABSENT:O Councilmember: None
ABSTAINED:0 Councilmember: None .^ {
�. ff I -0
ity er
22:cczv9031re