HomeMy WebLinkAboutResolution No. 5079 RESOLUTION NO. 5079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING ZONE VARIANCE NO. 583
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 Alfredo Maran, with respect to the real property
described as follows: Northeast corner of Dunrobin Avenue and frontage road
of the Century Freeway (I -105), requesting a Zone Variance to Section 9110 of
the Downey Municipal Code to construct a single family residence with attached
garage on a substandard parcel with reduced side and corner side yard
setbacks; that a public hearing was duly set for September 13 and October 11,
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
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 surrounding properties
of this satisfy the lot size requirement of the R1 -5000 zone and the
fact that property declared surplus is not basis to support a
variance to legalize it.
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 proper
information was given to this applicant regarding its status, as is
stated in the staff report, as a substandard piece of property.
3. Special conditions and circumstances would result from actions of the
applicant since the applicant was informed by Staff before he bought
the property of the steps that need to be taken and the findings that
would have to be made before improvements to the property could be
permitted.
4. Approval of the variance will confer a special privilege that is
denied by the Zoning Ordinance to other lands since this would
establish a precedent for the promotion and continuation of allowing
developments on substandard size properties.
5. Granting approval of the applicant's request will adversely affect
the Comprehensive General Plan since the General Plan established as
the policy guideline for the creation of the smallest R1 property to
be lots of 50 foot width and at least 5,000 square feet in area.
SECTION 2. The City Council further finds and determines that facts do not
exist as required in Section 9110 of the Downey Municipal Code to justify the
granting of a Variance.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
denys with respect to the property described in Section 1, above, a zone
variance.
SECTION 4. This action shall become final and effective fifteen (15) days
after the date of adoption of this Resolution unless during that time a
written appeal is taken to the Downey City Council.
SECTION 5. 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.
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Resolution No. 5079
Zone Variance #583
APPROVED AND ADOPTED this 11th day of October ,1988.
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I HEREBY CERTIFY that the foregoing is a true copy of Resolution No.
adopted by the City Council of the City of Downey at a regular meeting held on
the 11th day of October , 1988, by the following vote:
AYES: 5 Council Members: Paul, Barb, Boggs, Hayden, Cormack
NOES: 0 Council Members :None
ABSENT: 0 Council Members: None
ABSTAINED: 0 Council Members None
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