HomeMy WebLinkAboutResolution No. 4313 RESOLUTION NO. 4313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, GRANTING ZONE VARIANCE NO. 275
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 Harvey Fiala, with respect to the real property
described as 7205 Shadyoak Drive, requesting a Variance permitting a 4 foot
(4') wide walkway abutting an 8 foot (8') wide driveway and a 4 foot (4') wide
walkway; 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 afore-
said 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 exist which are peculiar
to the land involved which are not generally applicable to
other lands in the same vicinity and zone.
(2) Literal interpretation of the provisions of the ordinance
would deprive the applicant of rights commonly enjoyed by
other properties in the City under the terms of the Zoning
Ordinance.
(3) Special conditions and circumstances do not result from
actions of the applicant.
(4) Approval of the variance will not confer a special privilege
that is denied by the Zoning Ordinance to other lands.
(5) Granting approval of the applicant's request will not ad-
versely affect the Comprehensive General Plan.
(6) The environmental impact of the proposed project has been
reviewed and has been certified to be in compliance with the
California Environmental Quality Act (C.E.Q.A.) and the City's
Guidelines, and is Class 1, categorically exempt.
SECTION 2. The City Council further finds and determines that facts 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
grants with respect to the property described in Section 1, above, a Variance
subject to the following conditions:
(1) This approval is to allow an additional four foot (4') wide walkway
to abut an existing walkway and driveway in 'the front yard land-
scaped setback area as shown on the approved plot plan. Deviations
or exceptions from said plot plan shall not be permitted without
the approval of the City Planning Commission.
(2) The following conditions shall be completed within 60 days in
order for this approval to remain valid:
(a) Three 4 x 4 redwood posts 42" in height shall be installed
in concrete set at least four feet apart.
(b) Said posts shall be connected with a chain and shall be
installed adjacent to the driveway.
SECTION 4. The permit hereby allowed is conditional upon the conditions
of approval being completed within 60 days after the effective date thereof,
and if they are not utilized or construction work is not begun within said
time and carried diligently in accordance with conditions imposed by the
Council, this authorization shall become void, and any privilege, permit, or
variance granted hereby shall be deemed to have elapsed.
Resolution No. 4313
Zone Variance No. 275
Page Two
SECTION 5. 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.
APPROVED AND ADOPTED this 25th day of October , 1983.
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ATTEST:
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City Clerk
I HEREBY CERTIFY that the foregoing resolution was adopted by the Downey
City Council at a Regular Meeting thereof held on the 25th day of October ,
1983, by the following vote:
AYES: 3 Councilmen: Jackman, Quinn, Cormack
NOES: 2 Councilmen: Barb, Davila
ABSENT: 0 Councilmen: None
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