HomeMy WebLinkAboutResolution No. 3764 RESOLUTION NO. 3764
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
DENYING ZONE VARIANCE NO. 109.
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
Pacific Outdoor Advertising, with respect to the
real property described as follows: the Southeast
Corner of Imperial Highway and Smallwood Avenue,
requesting a variance to increase the sign area of
an existing non - conforming outdoor advertising
(billboard) sign by adding additional advertising area;
that a public hearing was duly set for February 26,
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. Newsign requirements established
in January 1978 now apply to all commercial properties.
Expansion of a non - conforming sign will defeat the
purpose of the sign ordinance. Expansion of non-
-- conforming uses or structures is clearly prohibited
in the Downey Municipal Code.
(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 since all
signs in the City of Downey are subject to the
requirements set forth in the new Downey Municipal
Code.
(3) There are no special conditions and circumstances
to justify modifications of ordinance requirements.
(4) Approval of the variance would confer a special
privilege that is denied by the Zoning Ordinance to
other lands and establish a basis for further modifi-
cation requests throughout the City.
(5) Granting approval of the applicant's request will
adversely affect the Comprehensive Zoning Ordinance
by establishing a procedure to bypass the purpose and
intent of the Code. A Code recently adopted by the
Planning Commission and City Council to bring order to
our commercial areas.
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 Council hereby denies with respect to the property
described in Section 1, above, a Variance.
Resolution #3764
Zone Variance #109
page 2.
SECTION 4. The City Clerk shall certify to the adoption
of this Resolution and shall transmit a copy to the
applicant, Building and Safety Division, City Engineering
Division and City Planning Division.
ADOPTED AND APPROVED this 26th day of February ,
1980.
ATTEST :71
City Clerk Kenneth J. Miller, 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 26th day of February , 1980, by the
following vote of the Council.
AYES: 4 Council Members: Jackman, Swearingen, Greene, Miller
NOES: 1 Council Members: Mackaig
ABSENT: 0 Council Members: None
ABSTAINED: 0 Council Members: None
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City Clerk