HomeMy WebLinkAboutResolution No. 4125 RESOLUTION NO. 4125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING ZONE VARIANCE NO. 206.
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 Rodney Tibbetts with respect to the real property
described as follows: 8509 Donovan Street, requesting a Variance permitting a
two -story detached accessory building in the rear yard building setback; that a
public hearing was duly set for May 25, 1982, and continued to July 13, 1982,
at 7:30 p.m. in the Council Chamber of the Downey City Hall, 8425 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 afore-
mentioned time and place. Studies and investigations 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. Two -story detached accessory buildings
have not been permitted in the City of Downey during the City's
incorporation, nor were they permitted by the County Code before
incorporation.
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 no two -story
accessory buildings have ever been approved on single family residential
lots.
3. Special conditions and circumstances do not exist to justify a Variance.
The applicant has not met the findings required by the Code to allow
such a modification.
4. Approval of the Variance would confer a special privilege that is denied
by the Zoning Ordinance to other lands and other lots in the City.
5. Granting approval of the applicant's request would adversely affect the
Comprehensive Zoning Ordinance by allowing two -story accessory buildings
with no setbacks on all lots in the City. Such development encroaches
upon the privacy of adjacent lots and will depreciate the value of
abutting properties.
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 to justify 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 27th day of July , 1982.
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!mes T. Quinn, Mayor
ATTEST:
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Robert L. hand, City llerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DOWNEY
I hereby certify that the foregoing Resolution was duly adopted by the City Council
of the City ofDowney at a regular meeting thereof held on the 27th day of July,
1982, by the following vote, to wit:
AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn
NOES: 0 Council Members: None
ABSENT: 0 Council Members: Non,
ea/
Robert L. Shand, City lerk