HomeMy WebLinkAboutResolution No. 5209 &SOLUTION NO.5209
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DO *Y, DENYING THE APPEAL
AND DENYING ZONE VARIANCE NO. 653
The City Council of the City of Downey does resolve as follows:
SECTION 1. The City Council does hereby find and determine that an appeal
ot the Planning Commission decision to deny Zone Variance #653 was duly tiled by
Frank Darmiento with respect to the real property described as follows: 9336 True
Avenue, Downey, California; a zone variance request to Section 9110 of the Downey
Municipal Code to reduce development requirements in order to establish a second
single family residence in the R1 -5000 zone; that a public hearing was duly set
tor September 26, and continued to October 10, 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;
a hearing was duly held 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 ot the City Staff and testimony and
documentary evidence subnmitted 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.
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.
3. Special conditions and circumstances would result from actions of the
applicant if this zone variance is approved.
4. Approval of the variance will confer a special privilege that is
denied by the Zoning ordinance to other lands.
5. Granting approval of the applicant's request will adversely affect
the Comprehensive General Plan since it would perpetuate a
substandard condition which would be contrary to the principles ot
the General Plan.
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 Council hereby denys
with respect to the property described in Section 1, above, a Zone Variance.
Resolution No. 5209
Zone Variance #653
Page 2
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 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, and City
Planning Division.
APPROVED AND ADOP'T'ED this 10th day of October , 1989.
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an all arb Mayor
ATTEST:
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Mc eii, City 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 10th day
of October , 1989, by the following vote:
AYES: 5 Council Members: Hayden, Paul, Cormack, Boggs, Barb
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED: 0 Council Members: None
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Jud• 1 McD'nell, City Clerk
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