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HomeMy WebLinkAboutResolution No. 5620 RESOLUTION NO. 5620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING ZONE VARIANCE NO. 92 -58 FOR THE PROPERTY LOCATED AT 8433 EUCALYPTUS 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. Nubia Aguirre (hereinafter "Applicant ") for Antonio and Maria Rodriguez (hereinafter "Owners ") requesting a variance from Sections 9110 and 9140 of the Downey Municipal Code to permit an oversized guest house on property located at 8433 Eucalyptus Street, Downey California (hereinafter "Subject Property "). B. The Planning Commission held duly noticed public hearings on August 5, 1992, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1583 denying this variance. C. On August 10, 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 September 8, 1992, and September 22, 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, or buildings involved with the subject property and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone, since the subject property contains thirty -seven feet of open area between the single family residence and the oversized guest house plus an additional twenty (20') feet of open space along the side yard between the guest house and the property line. Together, these areas compensate for Toss of open space covered by the oversized guest house, and a condition has been included which requires the applicants to record a covenant to hold these areas as open space. Resolution No. 5620 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 property owners 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 since the subject property is rather unique to the extent of having additional open space areas which far exceed the open space lost as a result of the establishment of the oversized guest house. Other similarly situated properties with accessory structures have maximized the coverage permitted on their lots, and thus, do not have the additional open space areas being provided by this property. C. Special conditions and circumstances described in subparagraph A would not result from the actions of the applicants /owners or his /her predecessor in interest because other properties similarly situated properties would have to show that additional open space is available in large quantities, to compensate for the loss of those areas as a result of a maximum of five (5') feet of building encroachment into the rear yard area. D. Granting the variance requested will not confer on the applicants /owners 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 since conditions have been incorporated to ensure that sufficient open space areas are being provided or other areas of the property are to remain as open space to compensate for the area Toss due to the guest house. This would ensure the purpose and intent of the zoning ordinance has been satisfied. E. Granting this variance will be consistent and in harmony with and will not adversely affect the Comprehensive General Plan of the City of Downey and the elements thereof since detached accessory structures are permitted uses in the R -1 -5,000 zone and the applicant /owner is providing replacement open space elsewhere on the subject property in order to promote and preserve the quality of this single family residential area. F. 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 City residents and available fiscal and environmental resources. SECTION 3. This variance request has been found to be Class 1, Categorically Exempt, as provided for in the California Environmental Quality Act (CEQA), CEQA's Guidelines and the City's revised procedures for implementing CEQA and CEQA's guidelines. Resolution No. 5620 Zone Variance No. 92 -58 Exhibit A CONDITIONS Planning 1. This approval is granted to permit a 39' -4" x 22' -7" detached guest house located 5'- 1 " from the easterly side property line, as shown on the approved plot plan dated June 11, 1992. Deviations or exceptions from said plot plan shall not be permitted without the approval of the 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 to protect the public health, safety, and general welfare. 3. All conditions of this approval shall be completed before this Zone Variance becomes valid. 4. The owner shall execute and record a covenant stating that the remaining open space area, as shown on the approved plot plan, shall remain as open space for the single family dwelling located at 8433 Eucalyptus Street. 5. The approved guest house shall not be used as a separate rental building nor contain kitchen facilities of any type. Engineering 6. Ten (10') feet shall be dedicated for right -of -way purposes along Eucalyptus Street (Future Street), to the standards of the Engineering Division. 7. The property owner shall execute an agreement for the future installation of sidewalks along Eucalyptus Street. 8. A parkway tree shall be installed along Eucalyptus Street to the satisfaction of the Engineering Division. 9. The property owner shall execute an agreement for the future installation of permanent street lighting on Eucalyptus Street along the property frontage. 10. The standards of improvement, construction materials, and methods of construction shall be accomplished in conformance with the standards plans and specifications as outlined by the City of Downey. Building and Safety 11. Separate sewer shall be constructed to each building to the standards of the City Engineering Division and Building and Safety Division or a sewer covenant shall be recorded with the Los Angeles Recorder, and a copy filed with the City Planning Division. • Resolution No. 5620 Exhibit A Page 2 12. All electrical and telephone utilities shall be installed underground to the standards of the Engineering Division and Building and , Safety Division. 13. Obtain all necessary plan approvals and permits. 14. The rear wall of the guest house must be one -hour fire resistive construction with no openings. Resolution No. 5620 Page 3 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 approves the applicant's appeal of the subject zone variance and overturns the Planning Commission's denial of Zone Variance No. 92 -58, subject to the conditions of approval attached hereto as Exhibit A. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13th day of October, 1992. A, ' ‚' • ...40!...„ „....., , , Diane P. Boggs, Mayor / ATTEST: () _ le i ' ,L S " ;� _16 f C 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 13th day of October, 1992, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Riley, Brazelton, Lawrence, Boggs NOES: 1 COUNCILMEMBERS: McCaughan ABSENT: 0 COUNCILMEMBERS: None ABSTAINED:O COUNCILMEMBERS: None r . d%e - ite -- (/ 1..g - 6 -(, ity Clerk