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HomeMy WebLinkAboutResolution No. 3904 RESOLUTION NO. 3904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, GRANTING ZONE VARIANCE NO. 142 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 Gary Almas with respect to the real property described as follows: 9459 Raviller Drive, Downey, requesting a variance to establish and maintain a one -story residential room addition with a rear yard building setback of five (5) feet; that a public hearing was duly set for December 9, 1980, at 7:30 p.m., in the Council Chamber of the Downey City Hall, 8425 E. 2nd Street, Downey, California, and a notice of the date, time, place and purpose of aforesaid hearing was duly given; that a hear- ing 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 exist which are peculiar to the land involved which are not generally applicable to other lands in the same vicinity and zone. (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. (3) Special conditions and circumstances do not result from actions of the applicant. (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. SECTION 2. The City Council further finds and determines that facts exist as required in Section 9164.18 of the Downey MunicipalCode justifying the granting of a variance. SECTION 3. Based upon the aforementioned findings, the Council hereby grants with respect to trie property described in Section 1, above, a variance subject to the following conditions: 1. This approval is for a rear yard building setback of 5 ft. for a one -story bedroom addition on the rear of the existing dwelling. 2. This approval is based upon a plot plan and elevation dated September 17, 1980. Deviations or exceptions from said plot plan and elevation shall not be permitted without the approval of the City Planning Commission. 3. The permitted room addition shall not exceed one - story. 4. The permitted room addition shall not be erected closer than .5 feet to the rear property line. 5. Grading plans shall be approved by the Divisions of City Engineering and Building and Safety. 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 i 1 RESOLUTION NO. 3904 ZONE VARIANCE NO. 142 PAGE 2. 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 Resolu- tion. SECTION 6. The City Clerk shall certify to the adoption of this Resolution and shall transmit a copy to the applicant, Building & Safety Division, Planning Division, and City Engineer- ing Division. ADOPTED AND APPROVED this 23rd day of December 1980. , , . / , ''-. - / ( ( ‘ id k. /\1 / I *f in. f ,- Theodore Jackman, Mayor ATTEST: -4e „:252 , - /` 7 City Cler I HEREBY CERTIFY that the foregoing Resolution was -- duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 23rd day of December , 1980, by the following vote, to wit: AYES: 4 Council Members: Swearingen, Mackaig, Quinn, Jackman NOES: 1 Council Members: Cormack ABSENT: 0 Council Members: None 70) i City Clerk