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HomeMy WebLinkAboutResolution No. 4382 RESOLUTION NO. 4382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING ZONE VARIANCE NO. 312. 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 Kimberly Associates with respect to the real property described as follows: 8747 -49 Imperial Highway, requesting a Variance to Section 9150 of the Downey Municipal Code to reduce the required number of off - street parking spaces in order to increase the number of dwelling units within an existing apartment complex, on property zoned C -2; that a public nearing was duly set for April 10, 1984 at 7:30 p.m., in the Council Chamber of the Downey City Hall, 8426 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 City Council and in its behalf reveal the following facts: 1) Special conditions and circumstances do not exist which are peculiar to tne land involved which are not generally applicable to other lands in the same vicinity and zone for the granting of relief to the parking requirements to expand the existing apartment complex from 3U to 32 units. 2) Literal interpretation of tne provisions of the ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the City under tne terms of the Zoning Ordinance since the apartment as originally established is now substandard with respect to off - street parking. 3) Special conditions and circumstances would result from actions of tne applicant if this Zone Variance is granted. 4) Approval of the Variance will confer a special privilege that is denied by tne Zoning Ordinance to other lands. 5) Granting approval of the applicant's request will adversely affect the Comprehensive General Plan. 6) That the environmental impact of the proposed project has been reviewed and nas been certified to be in compliance witn tne California Environmental Quality Act (C.E.Q.A.) and the City's Guidelines and is Class 1, categorically exempt. SECTION Z. Tne City Council further finds and determines that facts do not exist as required in Section 91b4.18 of tne Downey Municipal Code, justifying the granting of a Variance, SECTION 3. Based upon the aforementioned findings, the Council hereby denies with respect to tne property described in Section 1, above, a Variance. SECTION 4. Tne City Clerk snail 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 24th day of April , 19 84 . 3/ / ATTEST: ' '';ert G. ' ma 'x , Mayor City Clerk Resolution No. 4382 Zone Variance #312 Page 2 State of California ) County of Los Angeles) SS City of Downey ) 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 24th day of April , 19 84 , by the following vote: AYES: 4 Council Members: Barb, Davila, Quinn, Cormack NOES: 0 Council Members: None ABSENT:1 Council Members: Jackman ABSTAINED: Council Members b_ Ci y Clerk