HomeMy WebLinkAboutResolution No. 3553 RESOLUTION NO. 3553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, GRANTING ZONE VARIANCE #22.
The City Council of the City of Downey does resolve
as follows:
SECTION 1. The City Council does hereby find and
determine that an application was duly filed by
J. Leonard Ivins, with respect to the real property
described as follows: 9317 Florence Avenue: That
portion of Lot 3, as per map showing a partition
of land among the Mahala A. Mayes Heirs, being a
portion of Edward's Tract, in the Rancho Santa
Gertrudes in the City of Downey, County of Los
Angeles, State of California, as per map recorded
in Book 1138, Page 310 of Deeds, described as
follows: Beginning at a point in the Northeasterly
line of said Lot 3, distant South 58 47' 35" East281
feet from a 2 inch iron pipe at the most Northerly
corner of said lot; thence South 31 12' 45" West
Parallel with the Northwesterly line of said lot, 395
feet to the Southwesterly line of said lot; thence
South 58 47' 35" East along said Southwesterly
line 111 feet; thence North 31 12' 45" East parallel
with the Northwesterly line of said lot, 395 feet to
the said Northeasterly line; thence North 58 47'
35" West along said Northeasterly line 111 feet to
the point of beginning. EXCEPT therefrom the North-
easterly 247.00 feet thereof. ALSO EXCEPT therefrom
the Southwesterly 25.00 feet thereof, included
within Florence Avenue, requesting a Variance to
modify the required 20' rear yard building setback to
5' in order to establish a one - story, 350 square foot
room addition and to construct a 6' high fence in
the required 20' front yard set back area, that a
public hearing was duly set for May 23, 1978 at 7:30
p.m., in the Council Chamber of the Downey City Hall,
8425 East Second Street, 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, Studies
and investigation made by the Counciland in its
behalf reveal the following facts:
(1) Special conditions and circumstances exist which
are peculiar to the land involved which are not generally
applicable to other lands in the same vicinity and
zone since the property is a shallow lot facing onto
Florence Avenue.
(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 since other properties fronting
on Florence Avenue have fences and walls located in
front yard setback areas.
(3) Special conditions and circumstances do not result
from actions of the applicant since the applicant has
no control over traffic volumes on Florence Avenue.
(4) Approval of the variance will not confer a special
privilege that is denied by the Zoning Ordinance to
other lands.
(5) Granting approval of the applicant's request will
not adversely affect the Comprehensive General Plan
since the variance procedure is only utilized for the
unusual circumstance.
Zone Variance #22
page 2.
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:
1. This approval is for the construction of a six
foot (6') high concrete block wall in the required
twenty foot (20') front yard setback area.
2. This approval is based upon a plot plan dated
April 8, 1978.
3. Property owner shall comply with the conditions
of approval of Lot Split #655.
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
Council, this authorization shall become void, and any
privilege, permit or variance granted hereby shall be
deemed to have elapsed.
SECTION 5. This action shall become final and effective
-- fifteen (15) days after the date of the adoption of this
Resolution.
SECTION 6. The City Clerk shall certify to the adoption
of this Resolution and shall transmit a copy to the applicant,
Building and Safety Division, Planning Division, and City
Engineering Division.
ADOPTED AND APPROVED this 13th day of June ,
1978.
ATTEST:
�, l am' =r i� � ��� � .
City Clerk William L. Greene,' Mayor
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 held on the 13th day of June, 1978 by the following vote
of the Council.
—" AYES: 5 Council Members: Jackman, Miller, Mackaig,
Swearingen, Greene
NOES: o Council Members None
ABSENT: 0 Council Members None
ABSTAINED: o Council Members None
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City Clerk r
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