HomeMy WebLinkAboutResolution No. 3755 RESOLUTION NO. 3755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL TO ZONE VARIANCE NO. 106
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 Downey Toyota with respect to the real property
described as follows: 9136 Firestone Boulevard, requesting a variance permit-
ting advertising flags and banners; that a public hearing was duly set for
February 11, 1980, 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 Council and in its behalf reveal the following facts:
(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.
Downey's sign requirements now apply to all commercial
properties. Examples of illegal or non - conforming signs
cannot be used to justify modifications to sign
requirements.
(2) Literal interpretation of the provisions of the ordinance
would not deprive the applicant of rights commonly enjoyed
by other properties in the City under the terms of the
Zoning Ordinance. Adjacent commercial properties with
non - conforming signs will be required to conform to City
requirements .
(3) Special conditions and circumstances do not result from
actions of the applicant. We find no special condition
that could be applied to justify a modification. Compari-
son of the applicant's business with similar uses that
have oversized signs, flags, and banners cannot be used
as a basis for approval.
(4) Approval of the variance would confer a special privilege
that is denied by the Zoning Ordinance to other lands and
establish an irreversible trend for additional sign
modifications along Firestone Boulevard.
(5) Granting approval of the applicant's request will ad-
versely affect the Comprehensive General Plan and
Comprehensive Zoning Ordinance. Allowing a major
modification as sought by the applicant would establish
a destructive practice that would completely nullify
the purpose and intent of Downey's sign code.
SECTION 2. The City Council further finds and determines that facts
do not 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 City Council
hereby denies with respect to the property described in Section 1, above, a
variance.
SECTION 4. The City Clerk shall certify to the adoption of this
...� Resolution and shall transmit a copy to the applicant, Planning Division,
Building and Safety Division, and City Engineering Division.
APPROVED AND ADOPTED this llth day of February, 1980.
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Kenneth J. Miller, Mayor
ATTEST:
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City Clerk
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RESOLUTION NO. 3755
I HEREBY CERTIFY that the foregoing Resolution was adopted at a
regular meeting of the City Council of the City of Downey held on the llth
day of February, 1980, by the following vote, to wit:
AYES: 3 Council Members: Jackman, Greene, Miller
NOES: 2 Council Members: Mackaig, Swearingen
ABSENT: 0 Council Members: None
City
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