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HomeMy WebLinkAbout3. PLN-14-00146 - 12452 Rose AveSTAFF REPORT PLANNING DIVISION DATE: AUGUST 20, 2014 TO: PLANNING COMMISSION FROM: ALDO SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-14-00146 (VARIANCE) - A REQUEST TO DEVIATE FROM MUNICIPAL CODE SECTIONS 9312.08 (B) (8), 9710.02 (B), AND 9710.02(G), TO MAINTAIN A 209 SQUARE FOOT UNPERMITTED CONCRETE PAD ON THE FRONT YARD PROPERTY LOCATED AT AND ZONED R-3 (MULTIPLE- FAMILY RESIDENTIAL) LOCATION: 12452 ROSE AVENUE, DOWNEY ZONING: ZONED R-3 (MULTIPLE-FAMILY RESIDENTIAL) REPORT SUMMARY On June 23, 2014, Norma Gunnarson submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00146) seeking the Planning Commission’s approval of a variance from the City’s residential development standards, to maintain a non-permitted 209 square foot concrete pad in the front yard area of her home. The Applicant submitted a site plan that depicts this surface adjacent to the driveway and as a means to provide disabled access into her home; however, it exists without Planning Department approval or building permits. As a result, this issue became a code enforcement matter because the amount of concrete exceeds the allowable amount of hardscape in the front yard, the driveway is wider than the Zoning Code allows, and the proposed back-up space is insufficient. After reviewing the Applicant’s request, staff recommends that the Planning Commission adopt the following resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN-14-00146 (VARIANCE) – A REQUEST TO DEVIATE FROM MUNICIPAL CODE SECTIONS 9312.08 (B)(8), 9710.02 (B), AND 9710.02(G), TO MAINTAIN A 209 SQUARE FOOT UNPERMITTED CONCRETE PAD THE FRONT YARD, ON PROPERTY LOCATED AT 12452 ROSE AVENUE AND ZONED R-3 (MULTIPLE-FAMI LY RESIDENTIAL) BACKGROUND PLN-14-00146 represents an attempt by the Applicant, Norma Gunnarson, to legalize a non- permitted, 209 square foot concrete pad in the front yard area of her home through the variance process. On April 11, 2014, Downey Code Enforcement confirmed a complaint regarding excessive pavement in the front yard, adjacent to the driveway, on the property at 12452 Rose Avenue. After receiving notices and conversations with staff to remove the concrete slab, the Applicant elected to prepare a site plan and submit PLN 14-00146 for the Planning Commission to consider. Agenda Page 1 PLN-14-0014612452 Rose Street August 20, 2014 - Page 2 The subject property is located at the northeast corner of Rose Avenue and James Street, in an area that is north of Imperial Highway between Lakewood Boulevard and Columbia W ay. It covers approximately 3,706 square feet of land with lot dimensions measuring fifty feet along James Street and with a depth of 75 feet. This lot is zoned R-3 (Multiple-Family Residential and its General Plan Land Use Designation is GC (General Commercial). The James Street frontage represents the front lot line for the subject property. Downey Municipal Code Section 9144 defines the narrowest street frontage of a corner lot as the front lot line and the yard area extending across the full width of the lot abutting the front lot line is the front yard. Section 9312.08 of the Code requires a minimum front yard setback of twenty feet; therefore, the yard abutting James Street is the front yard of the subject property and this yard area covers 1,000 square feet (50’-0” x 20’-0”). The Applicant submitted a site plan that depicts the existing driveway that provides vehicular access from James Street and an accessible parking space that is perpendicular to the driveway. In addition to the driveway and the accessible parking space, the site plan features a 125 square foot trash can storage area adjacent to the driveway, surrounded by a 40” high block wall. On March 4, 2011, staff approved a 4-’0” x 20’-0” walkway adjacent to the driveway. This walkway comprises 84 square feet of the unpermitted concrete slab, which the site plan represents as the accessible parking space. The Applicant has expressed the need for additional space for off-street parking area because the streets in the vicinity are so narrow that the City prohibits parking on one side of Rose Street and on one side of James Street. The plan proposes an accessible parking space to assist a disabled family member. DISCUSSION The Applicant is requesting approval of a variance because the concrete slab exceeds the maximum amount of paving (hardscape) allowed by Section 9312.08 of the Downey Municipal Code for properties in the City’s Residential Zones. Section 9312.08 (Residential Zones Property Development Standards) reads as follows: (8) Front Yards – Maximum Paving (Hardscape). The total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed forty (40) percent of the area within the total front setback or street side setback on properties with a width of sixty (60) feet or greater. For properties that are less than sixty (60) feet wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed fifty (50) percent of the total front setback or street side setback. An additional ten (10) percent of hardscape shall be allowed in the front setback or street side setback, provided permeable paving surfaces are used, and a minimum of sixty (60) percent of the total front setback or street side setback remains permeable surfaces. Agenda Page 2 PLN-14-0014612452 Rose Street August 20, 2014 - Page 3 The Land Use Statistics Table below illustrates that the amount of hardscape on the subject property (512 square feet) exceeded the maximum amount of hardscape allowed for a property of this size even before the Applicant installed the non-permitted concrete slab. The existing paved areas, not including the non-permitted slab, include the driveway, a walkway adjacent to the driveway, and a trash can area. The proposed accessible parking space increases the amount of hardscape in the front yard to 720 square feet, an amount that is 220 square feet more than the Code allows. Land Use Statistics Front Yard Setback Area 1,000 sq. ft. Maximum Paving Allowed: 50% of Setback Area 500 sq. ft. Minimum Open Area: 50% of Setback Area 500 sq. ft. Existing Paving (Not Including Proposed Pad): Driveway: Trash Area: Driveway Extension (Approved in 2011)* Total: 303 sq. ft. 125 sq. ft. 84 sq. ft. 512 sq. ft. Proposed (Non-Permitted) Concrete Pad 208 sq. ft. Total Paved Area: (Existing + Proposed Pad) 720 sq. ft. Open Area Provided (With Proposed Parking Pad) 280 Sq. ft. In addition to exceeding the maximum hardscape standard, the non-permitted slab does not comply with the City standards for the maximum width of driveways for single-family homes, and it does not have sufficient back-up space. Section 9710.2 of the Code provides that the maximum width of a driveway shall not exceed eighteen (18) feet or two (2) feet wider than the opening of the garage door, whichever is greater. The existing two-car garage is only 19’-8” wide, and the existing garage door is only sixteen feet wide. At that measurement, the maximum width of the Applicant’s driveway should be no greater than eighteen feet; however, the Applicant proposes a driveway that is more than thirty-three feet wide. The proposed accessible parking space is on the west side of the eighteen foot wide driveway and the trash area is on the east side of it. A 40-inch high block wall surrounds the trash area. This wall limits the proposed back-up area to the driveway width, eighteen feet, while, Code Section 9710.2 requires a minimum back-up area of twenty-five feet. The Downey Municipal Code defines a driveway as the required paved access way from the street property line to any garage, carport, parking or loading space, or an approved loading space. The non-permitted concrete pad does not lead to a garage or a carport, nor is it an approved parking space. It would not be possible to park a vehicle on this space if a car is parked on the driveway. The Applicant installed this this pad without City approvals or permits. The proposed parking stall does not comply with the City’s standards for parking spaces in the residential zone. Section 9710.02 of the Code provides that the minimum required dimension of a parking space shall be ten (10) feet wide by twenty (20) feet in depth, Agenda Page 3 PLN-14-0014612452 Rose Street August 20, 2014 - Page 4 whereas, the proposed accessible space is only 9’-0” wide and 18’-1” in depth. Therefore, the proposed parking stall does not meet the City’s standards for the size of a parking space. Code enforcement staff responded to a complaint regarding the excessive paving in the front yard of the subject property. While inspecting the property to verify the complaint, the officer observed a portable, above-ground swimming pool on the non-permitted paved surface the Applicant seeks approval for as an accessible parking space. The pool is not compliant with the Building Code because it lacks the proper protection to prevent small children from entering it. The Building Code requires a barrier that is not less than five feet (5’) in height. Chain-link fencing borders the front property line (along James Street) and the street side property line (along Rose Street). This fence is less than four feet (4’-0”) in height. No barrier exists between the front property line and the house; therefore, the above-ground pool is accessible. This swimming pool is not compliant with the Zoning Code either, because Section 9520 of the Code states that the maximum fence or wall height in the front or street side setback area of a residential property is forty-two (42) inches. Section 9312.08 of the Code requires landscaping in the front yard for all areas not covered by an approved driveway or pedestrian walkway. It also mentions that the front and street side yards shall be landscaped and maintained in good condition and kept free and clear of materials, junk and debris, trash, inoperative vehicles, appliances, equipment, and shall not be paved except for pedestrian walkways, driveways, and approved patios. Therefore, storing an empty above-ground swimming pool in the front yard violates the City’s standards for residential properties also. The Applicant installed a concrete slab that does not comply with the City’s standards for driveways, hardscape in front yards, or acceptable uses in front yards of residential areas. The above-ground swimming pool does not comply with the California Building Code requirements, and represents a public nuisance. Nevertheless, the Applicant submitted a Land Use Permit Application (PLN-14-00146) in an effort to maintain the non–permitted concrete slab in the front yard by seeking the Planning Commission’s approval of a variance. B. Variance The intent and purpose of Section 9826 of the Code (Variances) are to provide a process for resolving practical difficulties or undue physical hardships that may result from the unusual size, shape, dimension of a site or the location of existing structures thereon; from geographic, exceptional topographic, or other physical conditions on the site or in the immediate vicinity. In staff’s view, the topographical features of the site are normal and there are no other conditions present to justify approving a deviation from the City’s residential development standards. Staff does not support the request because the lot size does not create an unnecessary hardship which is unique to the other properties in the R-3 Zone that make it difficult to require compliance with the General Development Standards and the parking standards for residential properties. FINDINGS Municipal Code Section 9826.08 sets forth the findings required in order for the Planning Commission to approve a Variance. After reviewing Municipal Code Section 9826.08 with regards to the requested variance application, staff finds as follows: Agenda Page 4 PLN-14-0014612452 Rose Street August 20, 2014 - Page 5 1. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone. The subject site is located on the at the northeast corner of Rose Avenue and James Street, in an area that is north of Imperial Highway between Lakewood Boulevard and Columbia Way. It covers approximately 3,706 square feet of land with lot dimensions measuring fifty feet along James Street and with a depth of 75 feet. This lot is zoned R-3 (Multiple-Family Residential and its General Plan land use designation is GC (General Commercial). A 1,560 square foot single-family dwelling with an attached, two-car garage exists on the site. The subject property is small by single-family residential development standards, and it exists in the R-3 zone where the minimum lot area is 10,000 square feet for new lots. Most properties in the vicinity contain 5,000 square feet of land area, which is the minimum lot area for single-family residential lots in the City. The subject property exists at the northeast corner of Rose Avenue and James Street. Rose Avenue has a forty-foot wide street right-of way and the James Street right-of way is only 45 feet wide. The typical collector street right-of way in the City is sixty feet wide. Hence, the City of Downey prohibits parking on one side of each street because the streets are so narrow. The subject property is substandard since it only comprises 3,706 square feet. The applicant has limited opportunities to park on Rose Avenue or James Street because the streets are narrow and the City prohibits parking on one side of each street. Nevertheless, the subject property has a two-car garage and a twenty-foot long driveway, which meet the minimum off-street requirements for single-family dwellings. As such, the exceptional or extraordinary conditions do not exist. 2. That the literal interpretation of the provisions of this article would not deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. Section 9312.08 of the Downey Municipal Code establishes that for properties that are less than sixty (60) feet wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed fifty (50) percent of the total front setback or street side setback. That amount for the subject property is only 500 square feet; however, the amount of hardscape on the subject property (512 square feet) exceeded the maximum amount of hardscape allowed for a property of this size even before the Applicant installed the non-permitted concrete slab. The existing paved areas, not including the non-permitted slab, include the driveway, a walkway adjacent to the driveway, and a trash can area. The proposed accessible parking space increases the amount of hardscape in the front yard to 720 square feet, an amount that is 220 square feet more than the Code allows. The literal interpretation of the provisions of the single-family residential development standards would not deprive the applicant of any rights enjoyed by other properties in the same zone, because other properties in the vicinity and zone were developed under the R-1 standards and the subject property has a two-car garage and a twenty-foot long driveway, which meet the minimum off-street requirements for single-family dwellings. Agenda Page 5 PLN-14-0014612452 Rose Street August 20, 2014 - Page 6 3. That exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. It is staff’s opinion that approval of the variance will result in a special circumstance as a result of the action of the applicant because the proposed driveway is not compliant with the City’s residential development standards for the use of yard areas or the standards for parking spaces. The non-permitted slab is used to support an above- ground swimming pool instead of for vehicular parking. This use of the property contradicts the Applicant’s request to use this area as an accessible parking space, which if approved, could allow a nuisance to continue with the City’s consent. 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. Approving PLN-14-00146 will establish a precedent in the vicinity because that would allow the Applicant to utilize the front yard area for parking, instead of for landscaping as the Code intends. Granting the variance would also confer on the Applicant the privilege of exceeding the maximum hardscape standard, and not meeting the City’s development standards for off-street parking. 5. The granting of such variance will be in harmony and not adversely affect the General Plan of the City. Goal 1.4 Downey Vision 2025, the Downey General Plan seeks to protect and enhance the residential neighborhoods and includes Policy 1.4.2, which reads: Promote residential construction that compliments existing neighborhoods. Programs designed to fulfill this policy seek to discourage residential construction not in harmony with surrounding neighborhoods, encourage developments to consider impacts to privacy, views, and sunlight on adjacent properties, and maintain the single-family character of the low density residential areas. Section 9312.02 of the Code explains that the intent and purpose of the Residential Zone regulations are to facilitate the provision of adequate light, air, privacy, and open space for each dwelling unit. The Applicant’s request to legalize a non-permitted, 209 square foot concrete pad in the front yard area is not consistent with the objectives and policies of the General Plan because it was constructed illegally, it does not comply with the Zoning Code, and because it would allow the applicant to alter the property in ways that do not comply with the residential property development standards described in Section 9312.02. 6. That the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Applicant submitted a Land Use Permit Application (hereinafter referred to as PLN- 14-00146) seeking the Planning Commission’s approval of a variance from the development standards for single-family dwellings to maintain a non-permitted a non- permitted, 209 square foot concrete pad in the front yard area her home. The reasons set forth in the application do not justify the granting of the variance because the proposed accessible parking space increases the amount of hardscape in the front yard to 720 square feet, an amount that is 220 square feet more than the Code allows The non-permitted slab does not comply with the City standards for the maximum width of driveways for single-family homes, and it does not have sufficient back-up space. The Agenda Page 6 PLN-14-0014612452 Rose Street August 20, 2014 - Page 7 subject property has a two-car garage and a twenty-foot long driveway, which meet the minimum off-street requirements for single-family dwellings. The Applicant stores a portable, above-ground swimming pool on the non-permitted paved surface that is not compliant with the Building Code because it lacks the proper protection to prevent small children from entering it and the Applicant uses the non-permitted slab to store the above ground swimming pool even though Section 9312.08 of the Zoning Code provides that landscaping is required in the front yard for all areas not covered by an approved driveway or pedestrian walkway and that the front and street side yards shall be landscaped and maintained in good condition and kept free and clear of materials, junk and debris, trash, inoperative vehicles, appliances, equipment, yet the non-permitted slab is used to support an above-ground pool instead of vehicular parking, which contradicts the Applicant’s request to use this area as an accessible parking space. The Applicant constructed the concrete slab on the front yard without Planning approval or building permits; therefore, the Applicant built it unlawfully. Consequently, the Applicant’s reasons for requesting a variance do not justify the granting of the variance. CORRESPONDENCE As of the date that this report was printed, staff has not received correspondence regarding this matter. Staff completed a review of the application and deemed it complete on July 18, 2014. Staff mailed notices of the pending public hearing to all property owners within 500 feet of the subject site and published the notice in the Downey Patriot on August 7, 2014. CONCLUSION Based on the analysis contained in this report, staff believes that none of the six (6) findings required to approve a variance can be made in a positive manner. As such, staff recommends that the Planning Commission adopt a resolution denying PLN-14-00146. Agenda Page 7 PLN-14-0014612452 Rose Street August 20, 2014 - Page 8 ZONING MAP AERIAL PHOTOGRAPH SUBJECT PROPERTY A2452 ROSE AVENUE Agenda Page 8 PLN-14-0014612452 Rose Street August 20, 2014 - Page 9 SITE PLAN Agenda Page 9 PLN-14-0014612452 Rose Street August 20, 2014 - Page 10 SITE PHOTOGRAPH AERIAL PHOTOGRAPH Agenda Page 10 PLN-14-0014612452 Rose Street August 20, 2014 - Page 11 SITE PHOTOGRAPH SITE PHOTOGRAPH Agenda Page 11 RESOLUTION NO. 14-___ PLN-14-00146 (VARIANCE) - A REQUEST TO DEVIATE FROM MUNICIPAL CODE SECTIONS 9312.08 (B) (8), 9710.02 (B), AND 9710.02(G), TO MAINTAIN A 209 SQUARE FOOT UNPERMITTED CONCRETE PAD ON THE FRONT YARD PROPERTY LOCATED AT AND ZONED R-3 (MULTIPLE-FAMILY RESIDENTIAL) THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: 1. Norma Gunnarson (hereinafter "Applicant") filed a Land Use Permit Application (hereinafter referred to as PLN-14-00146) seeking the Planning Commission’s approval of a variance from the development standards for single-family dwellings, a non-permitted 209 square foot concrete pad in the front yard area of her home. The amount of concrete this use proposes exceeds the allowable amount of hardscape in the front yard, the driveway is wider than the Zoning Code allows, and the proposed back-up space is insufficient. 2. The subject property is located at 12452 Rose Avenue in Downey and it is zoned R-3 (Multiple-Family Residential). 3. The Planning Commission conducted a duly noticed public hearing on August 20, 2014, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted this Resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: 1. Exceptional or extraordinary conditions or circumstances do not exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone. The subject site is located on the at the northeast corner of Rose Avenue and James Street, in an area that is north of Imperial Highway between Lakewood Boulevard and Columbia Way. It covers approximately 3,706 square feet of land with lot dimensions measuring fifty feet along James Street and with a depth of 75 feet. This lot is zoned R-3 (Multiple-Family Residential and its General Plan land use designation is GC (General Commercial). A 1,560 square foot single- family dwelling with an attached, two-car garage exists on the site. The subject property is small by single-family residential development standards, and it exists in the R-3 zone where the minimum lot area is 10,000 square feet for new lots. Most properties in the vicinity contain 5,000 square feet of land area, which is the minimum lot area for single-family residential lots in the City. The subject property exists at the northeast corner of Rose Avenue and James Street. Rose Avenue has a forty-foot wide street right-of way and the James Agenda Page 12 Resolution No. 14-___ Page 2 PLN-14-00146 12452 Rose Avenue. August 20, 2014 - Page 2 Street right-of way is only 45 feet wide. The typical collector street right-of way in the City is sixty feet wide. Hence, the City of Downey prohibits parking on one side of each street because the streets are so narrow. The subject property is substandard since it only comprises 3,706 square feet. The applicant has limited opportunities to park on Rose Avenue or James Street because the streets are narrow and the City prohibits parking on one side of each street. Nevertheless, the subject property has a two-car garage and a twenty-foot long driveway, which meet the minimum off-street requirements for single-family dwellings. As such, the exceptional or extraordinary conditions do not exist. 2. That the literal interpretation of the provisions of this article would not deprive the applicant of rights under the terms of this article commonly enjoyed by other properties in the same vicinity and zone in which the property is located. Section 9312.08 of the Downey Municipal Code establishes that for properties that are less than sixty (60) feet wide, the total of all paving (hardscape) within the front setback or street side setback, including all driveways and walkways, shall not exceed fifty (50) percent of the total front setback or street side setback. That amount for the subject property is only 500 square feet; however, the amount of hardscape on the subject property (512 square feet) exceeded the maximum amount of hardscape allowed for a property of this size even before the Applicant installed the non-permitted concrete slab. The existing paved areas, not including the non-permitted slab, include the driveway, a walkway adjacent to the driveway, and a trash can area. The proposed accessible parking space increases the amount of hardscape in the front yard to 720 square feet, an amount that is 220 square feet more than the Code allows. The literal interpretation of the provisions of the single-family residential development standards would not deprive the applicant of any rights enjoyed by other properties in the same zone, because other properties in the vicinity and zone were developed under the R-1 standards and the subject property has a two-car garage and a twenty-foot long driveway, which meet the minimum off-street requirements for single-family dwellings. 3. That exceptional or extraordinary conditions or circumstances do result from the actions of the applicant. It is staff’s opinion that approval of the variance will result in a special circumstance as a result of the action of the applicant because the proposed driveway is not compliant with the City’s residential development standards for the use of yard areas or the standards for parking spaces. The non-permitted slab is used to support an above-ground swimming pool instead of for vehicular parking. This use of the property contradicts the Applicant’s request to use this area as an accessible parking space, which if approved, could allow a nuisance to continue with the City’s consent. Agenda Page 13 Resolution No. 14-___ Page 3 PLN-14-00146 12452 Rose Avenue. August 20, 2014 - Page 3 4. That granting the variance requested will confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same vicinity and zone in which the property is located. Approving PLN-14-00146 will establish a precedent in the vicinity because that would allow the Applicant to utilize the front yard area for parking, instead of for landscaping as the Code intends. Granting the variance would also confer on the Applicant the privilege of exceeding the maximum hardscape standard, and not meeting the City’s development standards for off-street parking. 5. The granting of such variance will not be in harmony and not adversely affect the General Plan of the City. Goal 1.4 Downey Vision 2025, the Downey General Plan seeks to protect and enhance the residential neighborhoods and includes Policy 1.4.2, which reads: Promote residential construction that compliments existing neighborhoods. Programs designed to fulfill this policy seek to discourage residential construction not in harmony with surrounding neighborhoods, encourage developments to consider impacts to privacy, views, and sunlight on adjacent properties, and maintain the single-family character of the low density residential areas. Section 9312.02 of the Code explains that the intent and purpose of the Residential Zone regulations are to facilitate the provision of adequate light, air, privacy, and open space for each dwelling unit. The Applicant’s request to legalize a non-permitted, 209 square foot concrete pad in the front yard area is not consistent with the objectives and policies of the General Plan because it was constructed illegally, it does not comply with the Zoning Code, and because it would allow the applicant to alter the property in ways that do not comply with the residential property development standards described in Section 9312.02. 6. That the reasons set forth in the application do not justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Applicant submitted a Land Use Permit Application (hereinafter referred to as PLN-14-00146) seeking the Planning Commission’s approval of a variance from the development standards for single-family dwellings to maintain a non- permitted a non-permitted, 209 square foot concrete pad in the front yard area her home. The reasons set forth in the application do not justify the granting of the variance because the proposed accessible parking space increases the amount of hardscape in the front yard to 720 square feet, an amount that is 220 square feet more than the Code allows The non-permitted slab does not comply with the City standards for the maximum width of driveways for single-family homes, and it does not have sufficient back-up space. The subject property has a two-car garage and a twenty-foot long driveway, which meet the minimum off- street requirements for single-family dwellings. The Applicant stores a portable, above-ground swimming pool on the non-permitted paved surface that is not compliant with the Building Code because it lacks the proper protection to prevent small children from entering it and the Applicant uses the non-permitted slab to store the above ground swimming pool even though Section 9312.08 of the Zoning Code provides that landscaping is required in the front yard for all areas not covered by an approved driveway or pedestrian walkway and that the Agenda Page 14 Resolution No. 14-___ Page 4 PLN-14-00146 12452 Rose Avenue. August 20, 2014 - Page 4 front and street side yards shall be landscaped and maintained in good condition and kept free and clear of materials, junk and debris, trash, inoperative vehicles, appliances, equipment, yet the non-permitted slab is used to support an above- ground pool instead of vehicular parking, which contradicts the Applicant’s request to use this area as an accessible parking space. The Applicant constructed the concrete slab on the front yard without Planning approval or building permits; therefore, the Applicant built it unlawfully. Consequently, the Applicant’s reasons for requesting a variance do not justify the granting of the variance. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby denies PLN-14-00146. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ___ day of 2014. Robert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the day of 2014, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 15