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.
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Randa R. Barb,' -yor
ATTEST:
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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
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City Clerk