HomeMy WebLinkAboutResolution No. 4562 RESOLUTION NO. 4562
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, DENYING ZONE VARIANCE NO. 374
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 Pru- Wilshire Properties, with respect to the real property
described as follows: 10037 Lakewood Boulevard, requesting a Variance to
Section 9148 of the Downey Municipal Code to exceed the allowable square footage
of a menu board for a drive - through restaurant, in the C -2 Zone; that a public
hearing was duly set for April 23, 1985, at 7:30 p.m. in the Council Chamber of
the Downey City Hall, 11111 Brookshire 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.
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.
3) There are no special conditions and circumstances which support the
needed findings for the granting of an oversized sign /menu board.
4) Approval of the variance will confer a special privilege that is denied
by the Zoning Ordinance to other lands.
5) Granting approval of the applicant's request will not adversely affect
the Comprehensive General Plan.
6) The environmental impact of the 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 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 secretary shall certify to the adoption of this Resolution and
shall transmit a copy to the applicant, Building and Safety Division, and City
Engineering Division.
APPROVED AND ADOPTED this 23rd day of April i; ;), 1985.
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ATTEST:
A /
City lerk
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 23rd
day of April , 1985, by the following vote:
AYES: 4 Council Members: Santangelo, Boggs, Cormack, Barb
NOES: 1 Council Members: Davila
ABSENT: 0 Council Members: None
ABSTAINED: 0 Council Members: None .`
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City lerk