HomeMy WebLinkAboutResolution No. 5065 RESOLUTION N0.5065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING ZONE VARIANCE NO. 569
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 California Department of Transportation with
respect to the real property described as follows: 12825 Cornuta Avenue,
Downey , California, requesting a Zone Variance to Section 9110 to the Downey
Municipal Code to permit the reduction of the required front yard setback on
property zoned R1 -5000, Housing Factory Built, that a public hearing was duly
set for August 9, 1988, 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 since the lot is 135 feet deep, the same size
as other lots in this block and more than enough to accommodate the 25'
prevailing setback.
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 houses in
Downey, and in this block, have maintained the 25 foot prevailing front
yard setback.
3. Special conditions and circumstances do result from actions of the
applicant since the applicants have moved many houses into Downey and
were aware of the 25 foot prevailing front yard setback requirement.
4. Approval of the variance will confer a special privilege that is denied
by the Zoning ordinance to other lands since other properties in this
area and along Cornuta Avenue shall be required to maintain the 25 foot
prevailing front yard setback requirement.
5. Granting approval of the applicant's request will adversely affect the
Comprehensive General Plan since the General Plan encourages low
density, light and air movement in residential areas.
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
denying of a Variance.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
denies with respect to the property described in Section 1, above , a Zone
Variance.
SECTION 4. Pursuant to the provisions of the California Code of the 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 Procedures providing petition is filed no later than the ninetieth (90)
day following the day on which this decision becomes final.
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 Engineering Division.
Page 2
Resolution No. 5065
Zone Variance #569
ADOPTED AND APPROVED this 13th day of September , 1988. g 1
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".:. G. Cormack, Mayor
A'1Th ST :
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I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council
of the City of Downey at regular meeting, thereof, held on the 13th day
of September , 1988, by the following vote:
AYES: 3 Council Members: Barb, Hayden, Cormack
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED: OCouncil Members: None
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