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HomeMy WebLinkAboutResolution No. 5565RESOLUTION NO. 5565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING ZONE VARIANCE NO. 92 -14 FOR THE PROPERTY LOCATED AT 7975 2ND 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 Mrs. Zenaida Guerra (hereinafter "Applicant ") requesting a variance from Sections 9110 and 9150 of the Downey Municipal Code to permit the establishment of driveway paving in the front yard setback for property located at 7975 2nd Street, Downey California (hereinafter "Subject Property "). B. The Planning Commission held duly noticed public hearings on March 18, 1992, and continued to April 15, 1992, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1547 denying this variance. C. On April 22, 1992, the "Applicant" duly filed a timely appeal from the action of the Planning Commission denying the variance. D. The City Council held a duly noticed public hearings on May 26, 1992, and June 9, 1992, concerning this resolution and fully and carefully considered all oral and written testimony and all facts and opinions offered at the aforesaid public hearing prior to adopting this resolution. 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 exist which are peculiar to the land, structure, and buildings involved on the Subject Property which are not generally applicable to other lands, structures or buildings in the same vicinity and zone since the subject property fronts a street with two -hour parking restrictions and the existing house is constructed so that access to the rear of the property is precluded from 2nd Street, thereby denying the applicant a driveway area. Resolution No. 5565 Page 2 B. The literal interpretation of the provisions of Chapter 1, Zoning, of Article IX, Land Use, of the Downey Municipal Code would 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 other properties on 2nd Street are able to develop driveway access to the rear portion of their lots without the need for a variance. C. The special conditions and circumstances described in subparagraph A will not result from the actions of the Applicant or its predecessor in interest because other properties would have to substantiate that they are precluded from providing an additional driveway due to limited parking and the configuration of their property and dwelling. D. Granting the variance requested will not 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 other properties along 2nd Street have already been developed with driveway access to rear of the property. E. The granting of this variance will be consistent with and in harmony with the Comprehensive General Plan of the City of Downey and the elements thereof because the subject property is residential in nature and will remain. F. The conditions imposed on the Subject Property by this action as described in Exhibit A, are necessary to preserve the health, safety, and general welfare of the community and enable the Council to make findings set forth in this section. The conditions are fair and reasonable for the accomplishment of these purposes. G. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. 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 3 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 upholds the appeal of the applicant and approves Zone Variance No. 92 -14, subject to the conditions of approval attached hereto as Exhibit A. Resolution No. 5565 Page 3 ATTEST: SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 23rd day of June, 1992. 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 23rd day of June, 1992, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Cormack, Boggs, Riley, Brazelton, Hayden NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 0 COUNCILMEMBERS: None /! % : 7 a, c City Clerk Resolution No. 5565 Zone Variance No. 92 -14 Exhibit A Planning 1. This approval is to permit a ribbon -strip driveway leading to a 9' x 19' parking slab which does not lead to a covered parking space for Mrs. Zenaida Guerra, as shown on the approved plot plan dated June 16, 1992, 1992. Deviations or exceptions from said plot plan and elevations shall not be permitted without the approval of City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and Specific Plan , and to protect the public health, safety, and general welfare. 3. All conditions of Zone Variance No. 92 -14 shall be complied with before this Zone Variance becomes valid. 4. If City approval is contingent on any changes to the plans as submitted, the applicant shall submit three (3) copies of revised plans, incorporating all approved amendments, overlays, modifications,etc. to the Planning Division prior to the issuance of building permits. 5. The proposed ten (10') foot wide driveway shall be constructed of concrete ribbon strips (24" in width per ribbon). 6. If the alley adjacent to the property is vacated or circumstances change such that the overflow parking is reduced and the need for the driveway is eliminated, the Planning Commission shall have the authority to revoke the Variance. Engineering 7. The applicant shall obtain permits and construct a cement driveway approach a minimum of ten (10') feet in width to the satisfaction of the City's Engineering Division. 8. The standards of improvement, construction materials, and methods of construction shall be accomplished in conformance with the standard plans and specifications as outlined by the City of Downey. 9. The property owner shall execute an agreement for the future installation of permanent street lighting, on 2nd Street along the property frontage. Resolution No. 5565 Zone Variance 92 -14 Exhibit A Page 2 Building and Safety 10. Obtain all necessary plan approvals and permits.