HomeMy WebLinkAboutResolution No. 5131 RESOLUTION NO. 5131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING ZONE VARIANCE NO. 592
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 Teresa Tseu with respect to the real property described as
follows: 8327 Luxor Street, Downey , California, requesting a Zone Variance to
reduce the required land area in order to establish five (5) dwelling units on a
parcel of land containing 14,484i square feet on property zoned R -2; that a public
hearing was duly set for March 28, 1989 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 City 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 to justify the granting of an area reduction
for two additional dwellings.
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 properties
maintain the number of dwellings permitted by Code.
3. Special conditions and circumstances would result from actions of the
applicant if the variance request was approved for a reduction in land
area to permit an increase in residential density.
4. Approval of the variance will confer a special privilege that is denied
by the Zoning ordinance to other lands since the improvement on other
properties in the area was established without the granting of a
variance to increase density.
5. Granting approval of the applicant's request will adversely affect the
Comprehensive General Plan since the General Plan is designed to
encourage residential densities that are reflected in the zoning
ordinance.
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 City Council hereby denys
with respect to the property described in Section 1, above , a Zone Variance.
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 providing
a petition is filed no later than the ninetieth (90th) 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, City
Engineering, and City Planning Division.
APPROVED AND ADOPTED this 28th day of March, 4'89.
'
40 1,
R•bert G. Co l rck, Mayor
Attest:
‘,.,
JertgYftinyFelty Cleric—)
Resolution No. 5131
Zone Variance #592
Page 2
I, Jenny Young - Felty, City Clerk of the City of Downey, DO 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 28th day of March, 1989, 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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