HomeMy WebLinkAboutResolution No. 4188 RESOLUTION NO. 4188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
DENYING ZONE VARIANCE NO. 238.
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 Robert Pacheco, with
respect to the real property described as follows: 13630
Verdura Avenue, to permit excessive paving within the re-
quired front yard of an existing single family dwelling
with a detached two -car garage; that a public hearing was
duly set for December 14, 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; since said secondary driveway does not
provide access to a required parking area; and further,
the separation between driveways do not meet code require-
ments.
(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 said driveway
was required to be removed at the time the applicant's
two -car detached garage was constructed.
(3) There are no special conditions and circumstances
to justify the secondary driveway under this application.
(4) Approval of the variance will confer a special
privilege that is denied by the Zoning Ordinance to other
properties in the R1 Zone.
(5) Granting approval of the applicant's request will
adversely affect the Comprehensive General Plan since
said approval could generate similar request in the R1
zone areas of the City. Further, said approval could
result in a breakdown of our R1 Zoned areas and may cause
a lowering of property values and activities which could
reduce the quality of residential development.
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, City Engineering Division
and City Planning Division.
ADOPTED AND APPROVED this 28th day of December
1982.
ATTEST: -1 )
f t
James T. Quinn, Mayor
City Clerk
Resolution # 4188
Zone Variance #238
page 2.
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 28th day of December , 1982,
--~ by the following vote of the Council.
AYES: 5 Council Members : Cormack, Jackman, Barb, Davila, Quinn
NOES: 0 Council Members: None
ABSENT: 0 Council Members : None
ABSTAINED: 0 Council Members: None
- )
City Clerk