HomeMy WebLinkAboutResolution No. 5491 RESOLUTION NO. 5491
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY,
DENYING ZONE VARIANCE NO: 91 -75
FOR THE PROPERTY LOCATED AT 8423 PRISCILLA STREET
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey does hereby find,
determine and declare that:
A. An application was filed by Yolanda Vasquez DeLeon (hereinafter
"Applicant ") requesting a variance from Section 9150 of the Downey Municipal
Code to allow substandard covered parking in the R -1 5000 zone upon the
property located at 8423 Priscilla Street, Downey (hereinafter "Subject
Property ").
B. The City Council held a duly noticed public hearing on September 24,
1991 and, after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 5491
denying the variance.
SECTION 2. Having considered all of the oral and written evidence presented
to it at said public hearings, the City Council further finds, determines and declares that:
A. Special conditions and circumstances do not exist which are peculiar to
the land, structure, or building involved in the Subject Property and which are
not generally applicable to other lands, structures or buildings in the same
vicinity and zone because the size and shape of the property are not unusual.
The subject property could either reconvert to the previous non - conforming one -
car garage or develop a two -car garage while meeting the City's setback
requirements without seriously affecting the existing residence.
B. The literal interpretation of the provisions of Chapter 1, Zoning, of
Article IX, Land Use, of the Downey Municipal Code would not deprive the
Applicant of rights under the terms of said sections commonly enjoyed by other
properties in the same vicinity and zone in which the Subject Property is located
because all single- family residences are required to provide two (2) off - street
covered parking spaces and alternatives are present so that this conforming
condition could occur. It is possible to add a new two -car garage to the front
of the residence or to reconvert to the original one -car garage.
C. The special conditions and circumstances described in subparagraph A
would result from the actions of the Applicant or its predecessor in interest
because the improvements were completed without building permits being
issued and there are alternatives present that would make it possible for the
applicant to reconvert to the original use or to provide a two -car garage on the
property.
Resolution No. 5491
Zone Variance No. 91 -75
Page 2
D. Granting the variance requested will confer on the Applicant a special
privilege that is denied by Chapter 1, Zoning, Article IX, Land Use, of the
Downey Municipal Code to other lands, structures or buildings in the same
vicinity and zone in which the Subject Property is located because all non-
conforming developments are required to comply with the off - street parking
requirement when the non- conforming one -car garage is converted to another
use.
E. The granting of the variance will not be consistent with nor in harmony
with and will adversely affect the comprehensive General Plan of the City of
Downey and the elements thereof because it would create a substandard
condition relating to parking standards, adds a bedroom that does not appear
to function as a part of the dwelling, and may establish a precedent that would
deviate from the intention of the City's General Plan and Zoning Development
Standards.
SECTION 3. An initial study of environmental impacts has been prepared and
reviewed for this project. This project has accordingly been found to be Class 1 Categorically
Exempt as provided for in the City guidelines and under the terms of the California
Environmental Quality Act (CEQA).
SECTION 4. Based upon the findings set forth in Sections 1 and 2 of this
Resolution, the City Council of the City of Downey hereby denies Variance No. 91 -75.
SECTION 5. Pursuant to Government Code Section 65907 and Code of Civil
Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul
this decision, or concerning Pny of the proceedings, acts, or determinations taken, done or
made prior to such decision, or to determine the reasonableness, legality or validity of any
condition attached to this decision shall not be maintained by any person unless the action
or proceeding is commenced within ninety (90) days of the date of this Resolution and the
Planning Commission is served within one hundred twenty (120) days of the date of this
Resolution. The Secretary shall send a certified copy of this Resolution to the Applicant and,
if any, the Appellant at the address of said person set forth in the record of the proceedings
and such mailing shall constitute the notice required by Code of Civil Procedure Section
1094.6.
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Resolution No. 5491
Zone Variance No. 91 -75
Page 3
SECTION 6. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 24th day of September, 1991.
Barbara J. Hayden, Mayor
ATTEST:
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 thereof, held on the 24th day of
September, 1991, by the following vote, to wit:
AYES: 3 COUNCILMEMBERS: Boggs, Braze' ton, Hayden
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: Cormack, Carter
ABSTAINED: 0 COUNCILMEMBERS: None
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