HomeMy WebLinkAboutResolution No. 3756 RESOLUTION NO. 3756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL TO ZONE VARIANCE NO. 108
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 Jerald Andrews with respect to the real property
described as follows: 7255 Firestone Boulevard, requesting a variance permit-
, ting maintenance of existing non - conforming 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 City 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. All commercial pro-
perties with non - conforming signs will be required to
conform to City standards.
(3) Special conditions and circumstances do not result from
actions of the applicant. We find no special conditions
that can be applied to justify a modification. Compari-
son of the applicant's property with similar business
lots that have oversized signs or 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. Car dealers and other businesses have
complied with the Zoning Ordinance. To approve the
applicant's request would 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
Zoning Ordinance. Allowing major modifications to sign
requirements will establish a destructive practice that
will 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 Februry, 1980.
f ir
ATTEST: Kenneth J. Miller, Mayor
rdZYr)
City Clerk
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RESOLUTION NO. 3756
I HEREBY CERTIFY that the foregoing Resolution was adopted at a
regular meeting of the City Council of the City of Downey 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 Clerk
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