HomeMy WebLinkAboutResolution No. 4301 RESOLUTION NO. 4301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING ZONE VARIANCE NO. 218.
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 Donald Teller, with respect to
the real property described as follows: 12102 Gurley Avenue
requesting a renewal of a Zone Variance to maintain 70+ exotic
birds on R -1 Zoned property; that a public hearing was duly set
for September 27, 1983 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 afore-
mentioned 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. In
addition, the applicant's lot is not a large parcel of land
and therefore cannot provide sufficient separation of the use
from neighboring dwellings.
(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 the applicant's request to maintain exotic
birds is not an activity customarily found in residential
zones.
(3) There are no special conditions or circumstances to justify
the maintenance of 70+ exotic birds on the applicant's modest
residential lot.
(4) Approval of the Variance will confer a special privilege
that is denied by the Zoning Ordinance to other lands. Mainten-
ance of the lot to achieve health and sanitary standards has
been inadequate according to abutting property owners and has
created a nuisance.
(5) Granting approval of the applicant's request will adversely
affect the Comprehensive General Plan, by encouraging the keeping
of excessive numbers of animals on small residential lots where
adequate separation cannot be provided between residential struc-
tures and the use.
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, the City Council further
specifically finds that the maintenance of exotic birds by the appli-
cant in quantities exceeding the number allowed by the Zoning Ordin-
ance has resulted in adverse impacts upon immediately adjacent proper-
ties in the form of excessive noise, noxious odors, flies, and bird
droppings.
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 Planning Division.
Resolution No. 4301
Zone Variance No. 218
Page 2
APPROVED AND ADOPTED this 27th day of September , 19 83 . A"
Air I I
- •bert G. I nrmack, Mayor
ATTEST:
41
C 'ty 1 erk
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 27th day of September , 1983 , by the following
vote:
AYES: 4 Council Members: Jackman, Barb, Quinn, Cormack
NOES: 0 Council Members: None
ABSENT:1 Council Members: Davila
ABSTAINED: Council Members:
/
City Clerk