HomeMy WebLinkAboutResolution No. 5998 RESOLUTION NO. 5998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPEAL OF ZONE VARIANCE # 96- 61, TO CONSTRUCT
A TENNIS COURT WITH LIGHTS IN THE FRONT YARD SETBACK,
OVERHEIGHT WALLS AND FENCING ON PROPERTY LOCATED AT 10065
DOWNEY SANFORD BRIDGE ROAD, ZONED R1- 10,000 (SINGLE FAMILY
RESIDENTIAL)
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 has been filed by Charles V. IGnstler, 11 (hereinafter
"Applicant") for a Zone Variance #96-61 for property address as 10065
Sideview Drive (hereinafter identified as the "Subject Property").
B. The City Council held a duly noticed public hearing on November 12
.--. and November 26, 1996, and after fully considering all oral and written
testimony and facts and opinions offered at the aforesaid public hearing,
adopted Resolution No. 5998 , approving Zone Variance #96 -61.
SECTION 2. Having considered all of the oral and written evidence presented
to it at said public hearing, the City Council pursuant to the Downey Municipal Code,
further finds, determines, and declares that:
A. Special conditions and circumstances do exist which are peculiar to
the land, structure, or building involved on the subject property and which
are not generally applicable to other lands, structures or buildings in the
same vicinity and zone because the subject site is adequate in size to
establish a tennis court with lights.
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 without the modifications requested the
applicant could not use the full size of their property without affecting
existing improvements on their lot, and the adjoining property owner to the
north does not object to the modifications.
Resolution No. 5 9 98
Zone Variance #96-61
Page 2
C. The special conditions and circumstances would not result from the
actions of the Applicant because the maintenance and use of the total
front yard area along Downey Sanford Bridge Road is viewed as a rear
yard.
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 Cade to other lands, structures or buildings in
the same vicinity and zone in which the Subject Property is located
because conditions have been established to re- establish the front yard
areas at such time as the tennis court is not longer used or at such time
as the properties would be sold, transferred or for financing purposes.
E. The granted of the variance will be consistent and in harmony with the
comprehensive General Plan of the City of Downey and the elements
thereof because it continues to retain a single family dwelling which is
consistent with the General Plan Designation of Low Density Residential.
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 the City
residents and available fiscal and environmental resources.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this
Resolution, the City Council of the City of Downey hereby approves Zone Variance
#96 -61, subject to the attached conditions of approval shown in Exhibit "A".
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26th day of November, 1996.
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Jo f- 4 Lawrence, Mayor
ATTEST:
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udith E. McDonnell, City Clerk
Resolution No. 5 9 98
Zone Variance #96-61
Page3
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City
Council of the City of Downey at a regular meeting held on the 26th day of November,
1996, by the following vote, to wit:
AYES: 5 Council Members: Drazel ton , Boggs, McCaughan, Riley, Lawrence
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
‘ Z.44164
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J dith E. McDonnell, City Clerk
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Resolution No. 5998
Zone Variance No. 96 -61
Page 4
Exhibit AN
Conditions of Approval
PLANNING_
1. This approval is for the encroachment and reduction to the required front
yard building and landscape setback along Downey Sanford Bridge Road
to five (5') feet, and located at least four (4') feet from the northerly
property line, in order to establish a 60' x 120' tennis court with a ten (10')
foot high perimeter tennis court fencing, three twenty (20') foot high tennis
court lights and a six (6') foot high perimeter block wall.
2. All conditions of CUP#96 -62, shall also be part of this approval.
3. The Applicant shall execute and record a restrictive covenants with the
Los Angeles County Recorder, with a copy filed with the City of Downey
Planning Division, on Lots 1, 2, & 4 of Parcel Map No. 24173 requiring
the following:
Prior to the individual sale or financing of Lots 1, 2 & 4 of Parcel
Map No. 24173, the approved encroachments described in
condition #1 of Zone Variance #96-61 shall be removed or
relocated to conform to the requirements of the Downey Municipal
Code relating to front and side yard set backs, as applicable.
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