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HomeMy WebLinkAboutResolution No. 4037 RESOLUTION NO. 4037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING ZONE VARIANCE NO. 180. 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 Gus Vovos, with respect to the real property described as follows: 7753 Arnett Street; requesting a Variance permitting a paved automobile parking space in the front yard landscape setback area; that a public hearing was duly set for October 27, 1981 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 held on October 27, 1981 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. The applicant's lot is not unusual in shape or poorly located. It is a typical corner lot in the midst of a single family residential zone, and has the advantage of two vehicle access points. Additional off - street parking can be provided in the rear yard area. (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 off - street parking is not and has not been permitted in residential front yard landscaped setback areas. (3) Special conditions and circumstances do not result from actions of the applicant. There are no special circumstances that apply to the applicant's lot. (4) Approval of a variance would confer a special privilege that is denied by the Zoning Ordinance to other lands. (5) Granting approval of the applicant's request would adversely affect the Comprehensive General Plan and Zoning Ordinance by creation of paved front yards that seriously reduce the aesthetic appearance of Downey's residential street scene. Paved front yards and automobile parking is no substitute for land- scaping and such paving practice can only lead to depreciating property values and eventual deterioration of Downey's residential districts. SECTION 2. The City Council 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. 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, Planning Division, and City Engineering Division. APPROVED AND ADOPTED this 10th day of November , 1981. Resolution No. 4037 Zone Variance No. 180 page 2. Mil on Mackaig, Mayor ATTEST: City Clerk 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 10th day of November , 1981, by the following vote, to wit: AYES: 5 Council Members: Swearingen, Quinn, Cormack, Jackman, Mackaig NOES: 0 Council Members: None ABSENT: 0 Council Members: None City Clerk