HomeMy WebLinkAboutResolution No. 4832 RESOLUTION NO. 4832
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, DENYING THE APPEAL ON
ZONE VARIANCE NO. 473 AND THE ACTIONS
OF THE PLANNING COMMISSION PER
RESOLUTION NO. 975.
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 filed by Daniel J. Wilson, with respect to the real property
described as follows: 8361 Fifth Street, appealing the actions of the Planning
Commission on Zone Variance #473, that a public hearing was duly set for
December 22, 1986 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 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 there are no
land use hardships caused by the shape and configuration of this
property.
(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 other multiple family complexes in the area
have been built to established City standards.
(3) Special conditions and circumstances would result from
actions of the applicant because his design would result in
the construction of an extra unit and a reduced side yard
setback.
(4) Approval of the variance would confer a special privilege
that is denied by the Zoning Ordinance to other lands because
other properties in the area must be developed to City
standards.
(5) Granting approval of the applicant's request will adversely
affect the Comprehensive General Plan because the density
requested is not consistent with the City's General Plan Land
Use Element.
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 to justify
the granting of the appeal on Zone Variance No. 473.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
denies this appeal for the property described in Section 1, above, upholding
the City's Planning Commission decision to deny Zone Variance No. 473.
SECTION 4. Pursuant to the provisions of the California Code of Civil
Procedure, Section 1094.6 as adopted by the City of Downey City Council by
Resolution No. 3409, judicial review of the City Council's decision regarding
this matter may be had pursuant to Section 1094.5 of the California Code of Civil
Procedure provided a petition is filed no later than the 90th day following the
date on which this decision became final.
Resolution No. 4832
Zone Variance No. 473
Page 2
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.
APPROVED AND ADOPTED this 22nd day of December , 1986.
James S. Santangelo, Mayor
ATTEST:
f f l
Interim City Cferk
I HEREBY CERTIFY that the foregoing resolution was adopted at an adjourned
regular meeting of the City Council of the City of Downey on the 22nd day of
December , 1986, by the following vote, to wit:
AYES: 4 Council Members: Boggs, Cormack, Barb, Paul
NOES: 1 Council Members: Santangelo
ABSENT: 0 Council Members: None
ABSTAIN: 0 Council Members: None
In erim City Jerk
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