Loading...
HomeMy WebLinkAboutResolution No. 4488 RESOLUTION NO. 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING ZONE VARIANCE NO. 350. 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 Carol A. Nader with respect to the real prop- ; erty described as follows: 9447 Pellet Street, requesting a Variance to modify a condition of approval for a previous Zone Variance (Ref: Z.V. #293, Resolution #718) to eliminate the condition requiring the establishment of the required covered off - street parking for an existing single family dwel- ling in the R1 -6000 Zone; that a public hearing was duly set for October 23, 1984 at 7:30 p.m. in the Council Chamber of the Downey City Hall, 11111 Brook- shire Avenue, 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 the applicant was fully aware of the requirements of the Downey Municipal Code involving their building addition and the requirement for covered off - street parking; 2) Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights commonly enjoyed by other proper- ties in the City under the terms of the Zoning Ordinance, since the condition imposed is the same for those requests involving similar circumstances; 3) Special conditions and circumstances would result from actions of the applicant, since similar requests have either established the required covered parking or have executed the required covenant; 4) Approval of the variance will confer a special privilege that is denied by the Zoning Ordinance to other lands that have made similar requests and have complied with the conditions of approval; 5) Granting approval of the applicant's request will adversely 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 Environ- mental 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 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, and City Planning Division. APPROVED AND ADOPTED this 13th day of November , 1984. • _ : .,4( ALA( Randa R. Barb,' -yor ATTEST: r City Clerk RESOLUTION NO. 4488 Page 2 I HEREBY CERTIFY that the foregoing Resolution No. 4488 was adopted at a regular meeting of the City Council of the City of Downey held on the 13th day of November, 1984, by the following vote, to wit: AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb NOES: 0 Council Members: None ABSENT: 0 Council Members: None /1.. l C7 City Clerk