HomeMy WebLinkAboutResolution No. 5280 RESOLUTION NO. 5 ?80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, STATE OF CALIFORNIA
DENYING THE APPEAL AND DENYING ZONE VARIANCE NO. 669
The City Council of the City of Downey does resolve as f o l l o w s :
SECTION 1. The City Council does hereby find and determine that an appeal was
duly filed by David Perkins with respect to the real property described as
follows: 9369 Lubec Street, requesting a Zone Variance to Section 9136 of the
Downey Municipal Code to install an over height satellite dish in an R1- 10,000
zone; that a public hearing was duly set for February 27, and continued to March
13 and April 10, 1990 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. 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 because the subject property could support a
ground mounted satellite dish on the site which would not exceed the
overall height prescribed by Code.
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 because the City has
not permitted similar installation by variance since the adoption of the
�.. City's Code regulating such uses.
3. Special conditions and circumstances would result from actions of the
applicant since alternate sites on this property would allow proper
reception.
4. Approval of the variance will confer a special privilege because other
permitted similar facilities in Downey have been required to meet City
standards.
5. Granting approval of the applicant's request will adversely affect the
Comprehensive General Plan because the planned dish install -ati on will
be visible from neighboring residential properties.
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.
Resolution No. 5280
Zone Variance #669
Page 2
SECTION 3. Based upon the aforementioned findings, the Council hereby denies with
respect to the property described in Section 1, above, a Zone Variance for a
satellite dish installation on an oversized pole, without prejudice to refi|ing
~_~ within one year.
SECTION 4. If any section, subsection, sentence, clause, phrase or work of this
Resolution is for any reason held to be invalid by a court of competent
jurisdiction, such decision Shall not effect the validity of the remaining
portions of this Resolution. The City Council HEREBY DECLARES that it would have
passed and adopted this Resolution irrespective of the fact that any one or more
of said provisions may be declared to be invalid.
SECTION 5. 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 6, The City Clerk shall certify to the adoption of this Resolution and
Shull transmit a copy to the applicant, Building and Safety Division, and City
Engineering Division.
APPROVED AND ADOPTED this 10th day of April , 1990°
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ATTEST:
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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 April , 1990 by the following vote of the Council:
AYES: 5 Council Members: Hayden, Paul, Cormack, Boggs, Barb
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
A8STAlNED: O Council Members: None
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