HomeMy WebLinkAboutResolution No. 4604 RESOLUTION NO. 4604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, GRANTING ZONE VARIANCE NO. 384.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1 . The C i t y Council
does hereby find and determine that
an application was duly filed by Gary Almas with respect to the real
property described as follows: 8247 -53 Gardendale Street, requesting
a Variance permitting a four - single family dwelling on land less than
10,000 square feet in area and to allow a five -lot subdivision on
property zoned R2 -HFB; that a public hearing was duly set for June 11 and
June 25, 1985 at 7:30 p.m., in the Council Chamber of the Downey City
Hall, 11111 Brookshire Avenue, Downey, Califonria, 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 exist which are peculiar
to the land involved which are not generally applicable to other
lands in the same vicinity and zone, due to the fact that this
property was previously separated into four legal lots which are
each developable by Code.
2. Literal intepretation of the provisions of the ordinance
would deprive the applicant of rights commonly enjoyed by other
properties in the City under the terms of the Zoning Ordinance,
since a number of 25 foot lots exist in the City and are currently
developed with detached single family dwellings.
3. Special conditions and circumstances do not result from actions
of the applicant.
4. Approval of the variance will not confer a special privilege
that is denied by the Zoning Ordinance to other lands. The City
has previously granted other Zone Variances to permit an increase
in the density allowable under similar conditions.
5. Granting approval of the applicant's request will not adversely
affect the Comprehensive General Plan, since this property is
slated for Low Medium Density Residential development.
SECTION 2. The City Council further finds and determines that facts 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
granted with respect to the property described in Section 1, above, a
Variance subject to the following conditions:
PLANNING
1. This approval is for a five lot planned unit development resi-
dential subdivision comprised of four single family detached dwellings
and one common lot as shown on the approved plan dated April 1,
1985. Deviations or exceptions from said plan shall not be permitted
without the approval of the City Planning Commission.
2. The Planning Commission shall retain jurisdiction to amend or
add conditions without further public notice o hearing to assure
compatibility with the purpose and intent of the Comprehensive
Zoning Ordinance and to protect the public health, safety, and
general welfare.
3. This approval shall be contingent upon the approval of Zone
Variance #384, and all conditions of Zone Variance #339 shall
remain in full force and effect.
Resolution No.4604
Zone Variance #384
page 2.
SECTION 4. The permit hereby allowed is conditional upon the previleges
being utilized within one year after the effective date thereof, and
if they are not utilized or construction work is not begun within said
time and carried diligently in accordance with conditions imposed by the
Council, this authorization shall become void, and any privilege, permit
or variance granted hereby shall be deemed to have elapsed.
SECTION 5. 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.
ADOPTED AND APPROVED this 25th day of June , 1985 .
/
/ f r , �' )
1' r / y Ma or
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 25th day of
June , 19 85 , by the following vote:
AYES: 5 Council Members:Davila, Santangelo, Boggs, Cormack, Barb
NOES: 0 Council Members:
ABSENT:0 Council Members:
ABSTAINED:0 Council Members:
/A
Cit Clerk