HomeMy WebLinkAboutResolution No. 5393 RESOLUTION N0. 5393
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING
ZONE VARIANCE NO. 90 -81 FOR PROPERTY LOCATED AT
12739 LAKEWOOD BOULEVARD, ZONED C -1
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. An application was filed with the City Planning Commission by
Gary Lazar (hereinafter "Applicant ") requesting a variance from
Section
9136.42 of the Downey Municipal Code to maintain a 60 x 12'
temporary office trailer in the C -1 zone for property located at
12739 Lakewood Boulevard, Downey, California (hereinafter "Subject
Property ").
B. The Planning Commission held a duly noticed public hearing on
November 28, 1990 and, after fully considering all oral and written
testimony and facts and opinions offered at the aforesaid public
hearing, adopted Resolution No. 1411 denying the variance.
C. On December 7, 1990, Bill Dres, the applicant's representative,
duly filed a timely appeal from the action of the Planning Commission
denying the variance.
D. The City Council held a duly noticed public hearing on January
29, 1991 concerning this resolution and fully and carefully
considered all oral and written testimony and all facts and opinions
offered at the aforesaid public hearing prior to adopting this
resolution.
SECTION 2. Having considered all of the oral and written tesimony and
all facts and opinions offered at the public hearing before it, the City Council
further finds, determines and declares that:
1. Special conditions and circumstances do not exist which are
peculiar to the land involved which are not generally applicable
to other lands in the same vicinity and zone. Although
Caltrans' acquisition of this property has not been finalized,
the applicants have never been precluded from making additions
to their existing building to accommodate the uses permitted in
this trailer.
2. Literal interpretation of the provisions of the ordinance would
not deprive the applicant of rights commonly enjoyed by other
properties in the City since other properties have not enjoyed
the benefits of using a temporary office trailer for eight (8)
years.
1
Resolution No. 393
Zone Variance -1
Page 2
3. Special conditions and circumstances would result from actions
of the applicant since this property has enjoyed the benefits of
"long-term" long -term temporary office trailer which was not permitted.
4. Approval of the variance will confer a special privilege that is
denied by the Zoning Ordinance to other lands, since other lands
have not enjoyed the benefits of a temporary office trailer for
this duration.
5. Granting approval of the applicant's request will adversely
affect the Comprehensive General Plan since the trailer has been
previously used for purposes which are in conflict with the
applicable zoning regulations (i.e. truck terminal and storage
and truck dispatching).
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
Guidelines, and is Class 1 Categorically Exempt.
SECTION 3. Based on the findings set forth in Sections 1 and 2 of this
Resolution, the City Council of the City of Downey hereby denies the appeal of
Bill Dres and denies Zone Variance No 90 -81.
SECTION 4. Pursuant to Government Code Section 65907 and Code of Civil
Procedure Section 1094.6, any action or proceeding to attach, review, set aside,
void or annul this decision, or concerning any of the proceedings, acts, or
determinations taken, done or made prior to such decision, or to determine the
reasonableness, legality or validity of any condition attached to this decision
shall not be maintained by any person unless the action or proceeding is commenced
within ninety (90) days of the date of this Resolution and the Planning Commission
is served within one hundred twenty (120) days of the date of this Resolution.
The Secretary shall send a certified copy of this Resolution to the Applicant and,
if any, the Appellant at the address of said person set forth in the record of the
proceedings and such mailing shall constitute the notice required by Code of Civil
Procedure Section 1094.6.
SECTION 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 29th day o ..nuary .
\ - c„k_
Mayor
ATTEST:
4 111..„... i / Air At..... 4,....:
i• .
Resol u,i on No. 5393
Zone Variance 90 -81
Page 3
I 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 thereof,
held on the 29th day of January, 1991, by the following vote, to wit:
AYES: 5 Councilmembers: Boggs, Hayden, Brazelton, Cormack, Paul
NOES: 0 Councilmembers: None
ABSENT: 0 Councilmembers: None
ABSTAINED: 0 Councilmembers: None
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NIL
City Cer
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