HomeMy WebLinkAboutResolution No. 6399 RESOLUTION NO. 6399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING
THE APPEAL AND DENYING ZONE VARIANCE 00 -63
(APPELLANT /PROPERTY OWNER: JEONG KIM) RELATING TO SECTION
9150 OF THE DOWNEY MUNICIPAL CODE, TO PERMIT A CIRCULAR
DRIVEWAY IN A 67.57 FOOT WIDE LOT ON PROPERTY AT 9311 GALLATIN
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 was filed by Jeong Kim (hereinafter "Applicant ") requesting a Zone
Variance to permit a circular driveway on a 67.57 foot wide property at 9311
Gallatin Road, Downey, California (hereinafter "subject site "), zoned R1- 10,000
(Single Family Residential).
B. The Planning Commission held a duly noticed public hearing on August 16, 2000,
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 2079, denying
Zone Variance 00 -63.
C. The applicant filed an appeal letter on August 22, 2000 requesting to appeal the
Commission decision to deny Zone Variance 00 -63.
D. The City Council held a duly noticed public hearing on September 26, 2000, and,
after fully considering all oral and written testimony and facts and opinions offered
at the aforesaid public hearing, adopted Resolution No. 6399, denying the appeal
and denying Zone Variance 00 -63.
,..� 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 do not exist which are peculiar to the land. The property is rectangular
shaped surrounded by properties with similar dimensions. There are no other circular
driveways along the north side of Gallatin Road. The Downey Municipal Code requires a
minimum lot width of 70 feet to have a circular driveway, however, the subject property is
only 67.57 feet wide. Furthermore, the Downey Planning Commission has not granted a
similar Variance request in the past.
B. The applicant is not deprived of any rights under the terms of the Zoning Code. The
Commission has not granted a similar Variance request in the past. In addition, access
to the property —including the two -car garage at the rear of the property -- is not restricted
by having only one driveway opening.
C. The applicant had the circular driveway constructed without obtaining City permits.
Therefore, the circumstance of needing a Variance directly results from the actions of the
applicant.
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Resolution No. 6399
Downey City Council
D. Granting this Variance will confer special privileges to the applicant that is denied to other
properties in the same vicinity and zone. Along the north side of Gallatin Road
between Clancey Avenue and Eglise Avenue are 18 properties in a row that are less
than 70 feet wide. The subject property is in the middle of these properties.
Approving this Variance would give the neighboring properties justification to have
circular driveways. In addition, the Commission has not granted a similar Variance
request in the past.
E. The granting of the Variance will not be in harmony and will adversely affect the General
Plan. The General Plan and Zoning Code are established to protect the health, safety
and welfare of the community. Granting a Variance to permit a second driveway for a
property less than 70 feet wide is a safety concem. In residential neighborhoods, the
fewer the driveway openings, the less likely the possibility of collision. When properties
are greater than 70 feet wide, the driveways can be adequately spaced apart to address
safety concems.
F. The environmental impact of the proposed development has been reviewed and has
been found to be in compliance with the Califomia Environmental Quality Act (C.E.Q.A.)
and is categorically exempt, Class 4.
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 denies the appeal and denies Zone Variance 00-
63.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of October , 2000.
E I TH MC CARTH Y , Mayor
ATTEST:
DITH E. MC DONNELL, City Clerk
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 10th day of October , 2000, by the
following vote, to wit:
AYES: 4 Council Members: Perkins, Winningham, McCaughan, McCarthy
NOES: 0 Council Members: None
ABSENT: 1 Council Members: Riley
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/ITN E . MC DONNELL , City Clerk
S: \W PW I N \AGDA0926\zv00- 63ccr.doc
ZV 00 -63 (Jeong Kim — 9311 Gallatin Road)
10 October 2000 - Page 2
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