HomeMy WebLinkAboutResolution No. 4092 RESOLUTION NO. 4092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
DENYING ZONE VARIANCE NO. 204.
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 George S. Beaver, with
respect to the real property described as follows: 12021
Downey Avenue requesting a Variance permitting a paved front
yard setback area for automobile parking; that a public
hearing was duly set for April 1 3, 1982 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.
The applicant has a long driveway that serves as access
to a detached garage located at the rear of the lot. The
applicant's lot is not unusual in shape or location and
is typical of many residential lots in Downey. Off- street
parking can be provided in the garage and on the driveway
without paving the front 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) There are not special circumstances that apply to the
applicant's property that warrant modification of the front
yard area for off - street parking.
(4) Approval of the variance will confer a special privilege
that is denied by the Zoning Ordinance to other lands.
(5) Granting approval of the applicant's request will adversely
affect the Comprehensive General Plan and Zoning Ordinance
by the creation of paved front yards that seriously reduce
the aesthetic appearance of Downey's residential streets.
Paved front yards with automobiles or other vehicles is not
an acceptable substitute for landscaping. Such paved areas,
if allowed to continue can only lead to depreciating property
values and eventual deterioration of Downey's residential
districts.
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.
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 27th day of April , 1982.
Resolution NO. 4092
Zone Variance #204
page 2.
Lyell W. Swearinge , Mayor
ATTEST:
3 /
� r
44-( )
'
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_ day of April , 1982, by the following
vote, to wit:
AYES: 5 CO Uri C i 1 Members: Quinn, Cormack, Jackman, Mackai g ,
Swearingen
NOES: 0 Council Members: None
ABSENT: o Council Members: None
'` v zv
City Clerk