HomeMy WebLinkAboutResolution No. 5136 RESOLUTION NO.5136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING THE APPEAL AND
DENYING ZONE VARIANCE NO. 628
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 Kenneth and Nanette Dickens with respect to the real property
described as follows: 10603 Woodruff Avenue, Downey California, requesting a
Zone Variance to establish and maintain excessive paving in the front yard
setback; that a public hearing was duly set for April 25, 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 hear was duly he at the aforementioned time and
place. The City Council has considered all of the information presented to it at
the public hearing, including but not limited to, written reports of the City
Staff and testimony and documentary evidence submitted by the property owner, and
finds that:
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 other properties in the
general area that are located on streets with similar conditions.
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 all of the
properties within the City, as well as those with similar conditions,
are required to comply with said ordinance.
3. Special conditions and circumstances do result from actions of the
applicant since the excessive paving was installed without building
permit approval and does not comply with the City's Zoning Ordinance.
4. Approval of the variance will confer a special privilege that is denied
by the Zoning ordinance to other lands since all properties throughout
the City are required to comply with said ordinance.
5. Granting approval of the applicant's request will adversely affect the
Comprehensive General Plan since it would perpetuate a substandard
condition relating to paving in the front yard setback and establish a
precedent that would deviate from the intension of the City's General
Plan and Zoning Development Standards.
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 denys
with respect to the property described in Section 1, above , a Zone Variance.
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Zone Variance #628
Resolution No. 5136
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 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
h lY transmit a copy to the applicant, Building and Safety Division, and City
r n a tasm opy pp g y � Y
Planning Division.
APPROVED AND ADOPTED this 25th day of April , 1989.
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ATTEST:
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J ;i y Y. fit l ty ty Clerk
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
aril. 1989, by the following vote of Council:
AYES: 4 Council Members: Paul, Barb, Hayden, Cormack
NOES: 0 Council Members: None
ABSENT: 1 Council Members: Boggs
ABSTAINED :0 Council Members: None
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