HomeMy WebLinkAboutResolution No. 4583 RESOLUTION NO. 4583
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING ZONE VARIANCE NO. 372.
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 Jervis Realty with respect to the real property
described as follows: 12842 Gneiss Avenue, requesting a Variance to establish
and maintain a two - story, single family dwelling and required two car garage
based on reduc -tions in building setbacks from 20 feet to 10 feet in the front
yard, from 20 feet to 3 feet in the rear yard, and from 4 feet to 1 feet in the
side yard on a substandard lot 25 feet by 60 feet in size in the R -2 (Two- Family
Residential) Zone; that a public hearing was duly set for April 9, 1985 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 ws duly given; that a hearing was duly held at the aforementioned time
and place. Studies and investigation made by the Commission 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 size of the property and the
modifications requested virtually eliminate all available open space
which is a significant characteristic of single family properties.
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, since the design of
the dwelling on the property being two -story in height would disrupt
the light and air to the adjoining property, to the south, plus
interferring and obscurring the visibility to the adjoining property.
3) There are no special conditions and circumstances which support the
needed findings for the granting of a variance except for the fact that
the property was created prior to the incorporation of the City.
4) Approval of the variance will confer a special privilege that is denied
by the Zoning Ordinance to other lands, since the size of the property
is below density standard of the zone (2,500 square feet land area per
dwelling unit), which could establish an over crowding precedent.
5) Granting approval of the applicant's request will adversely affect the
Comprehensive General Plan by promoting the development of single
family dwellings on substandard size properties.
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 City Clerk shall certify to the adoption of this Resolution
and shall transmit a copy to the applicant, Building and Safety Division, and
City Engineering Division.
Resolution No. 4583
Zone Variance No. 372
Page 2
APPROVED AND ADOPTED this 28th day of May , 1985.
7/ V; ( /
Mayor
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ATTEST:
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City Clerk_,
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted
1 by the City Council of the City of Downey at a regular meeting held on the
28th day of May , 1985, by the following vote:
AYES: 4 Council Members: Davila, Boggs, Cormack, Barb
NOES: 0 Council Members: None
ABSENT: 1 Council Members: Santangelo
ABSTAINED: 0 Council Members: None
Cit Cler
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