HomeMy WebLinkAboutPC Resolution 14-2885RESOLUTION NO. 14 -2885
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY DENYING PLN -14 -00140 (VARIANCE) — A REQUEST TO
ALLOW A NON - PERMITTED 497 SQUARE FOOT ADDITION TO A
SINGLE - FAMILY RESIDENCE TO EXIST WITHIN THE REQUIRED
REAR YARD SETBACK ON PROPERTY LOCATED AT 13506
GUNDERSON AVENUE AND ZONED R -1 5,000 (SINGLE- 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:
James Alvarez (hereinafter "Applicant ") filed a Land Use Permit Application
(hereinafter referred to as PLN -14- 00140) seeking the Planning Commission's
approval of a variance from the development standards for single - family
dwellings, to maintain a non - permitted 497 square foot addition to the rear of his
home. The illegal structure places the main dwelling within the required rear yard
setback area.
2. The subject property is located at 13506 Gunderson Avenue in Downey and it is
zoned R -1 5,000 (Single - Family Residential).
3. The Planning Commission opened a duly noticed public hearing on August 6,
2014, and, after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 14-
2885, denying PLN -14- 00140.
SECTION 2. 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:
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 east side of Gunderson Avenue, in an area that
is west of Lakewood Boulevard and north of Rosecrans Avenue. It covers 5,000
square feet of land with lot dimensions measuring fifty feet at the front property
line with a depth of 100 feet. This lot is zoned R -1 5,000 and its General Plan
land use designation is LDR (Low Density Residential). Prior to the illegal
construction, the one- story, single - family dwelling comprised three bedrooms,
two bathrooms, a kitchen and a living room within 1,144 square feet of floor area.
An attached, two -car garage exists at the front of the house.
The subject site borders the rear of a "Food 4 Less" store that is part of a 6.3
acre commercial development at 13535 Lakewood Boulevard. The rear of the
store is only thirty -two feet (32') from the rear property line of the shopping center
and a ten foot (10') high concrete block wall separates the shopping center from
the residence. Also, patio covers and /or room additions exist within the rear
setback areas of 14 of the 21 homes on the east side of Gunderson Avenue
between Rosecrans Avenue and Reydon Street. In 1999, the Planning
Resolution No. 14 -2885
Page 2
Commission approved zoning changes that allowed construction of the
commercial center. Those approvals involved a change of zoning on the property
from R -1 (Single - Family Residential) and M -1 (Light Manufacturing) to C -2
(General Commercial), and a zone variance to allow the retail center with less
than the required rear and side yard setbacks in the C -2 zone. The Code requires
a 46 foot building setback for commercial properties that abut residential uses.
The City implemented mitigation measures for the adjacent commercial center to
reduce noise impacts and remain consistent with the intent and purpose of the
Code; however, the proximity of the subject project to the rear property line
reduces the amount of light, air, privacy, and open space for the subject property
while minimizing the amount of protection the property receives from the adjacent
commercial use. Therefore, this condition is not unique and does not make this
property extraordinarily different from the prevailing minimum rear yard setback
for properties in the R -1 zone throughout the City.
2. That the literal interpretation of the provisions of this article would 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 the minimum rear
yard setback for properties in the R -1 5,000 zone is twenty feet (20') The
Applicant's request for approval of PLN -14 -00140 (Variance) would allow the
applicant to maintain a non - permitted addition to the rear of his home only 10' -5"
from the rear property line. This distance is roughly half of the Code requirement.
The literal interpretation of the provisions of the R -1 zone 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.
3. That exceptional or extraordinary conditions or circumstances do not result
from the actions of the applicant.
Approval of the variance will not result in a special circumstance as a result of the
action of the applicant because fourteen of the 21 houses on the east side of
Gunderson Avenue (including the subject site) have room additions or patio
covers within twenty feet (20') of the rear property line. These homeowners
obtained building permits for all but two of these structures. The City of Downey
issued all of these permits over the years from 1957 to 2007; consequently, the
City authorized the construction of twelve of the fourteen structures on
Gunderson that exist within the required rear setback, thereby defining them as
legal nonconforming uses. The subject room addition is not a legal
nonconforming use; therefore, it is subject to the current development standards.
PLN -14 -00140
13506 Gunderson Avenue.
August 6, 2014 - Page 2
Resolution No. 14 -2885
Page 3
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.
4
5.
Approving PLN -14 -00140 will establish a precedent in the vicinity R -1 Zone
because several properties nearby maintain lot areas and lot widths that are
similar to the subject property, yet they were able to comply with the City's
prevailing development standards. Granting the variance would also confer on
the Applicant the privilege of having a structure in place prior to obtaining City
Planning approvals and building permits, as Section 9208 of the Downey
Municipal Code requires.
The granting of such variance will be in harmony and not adversely affect the
General Plan of the City.
The subject site is located within the R -1 5,000 (Single - Family Residential) zone
and is consistent with the General Plan Land Use Designation of Low Density
Residential. 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 plan to legalize the addition is not consistent
with the objectives and policies of the General Plan because it was constructed
illegally, it does not comply with the Building 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- 00140) seeking the Planning Commission's approval of a variance
from the development standards for single - family dwellings to maintain a non -
permitted 497 square foot addition to the rear of his home. The illegal structure
places the main dwelling within the required rear yard setback area. Prior to this
illegal addition, the house was twenty -five feet (25') from the rear property line.
Now that distance measures only 10' -5 ", or roughly half of the Code requirement.
The structure exists without Planning Department approvals or the benefits of
inspections by the Building and Safety Department.
PLN -14 -00140 represents an attempt by the Applicant, to legalize the non -
permitted, 497 square foot addition through the variance process. They prefer to
maintain the building as it is configured even though the building encroaches into
the required rear yard setback. He seeks to maintain the same rear setbacks as
other homes in his neighborhood; however, this request does not justify the
PLN -14 -00140
13506 Gunderson Avenue.
August 6, 2014 - Page 3
Resolution No. 14 -2885
Page 4
granting of a variance because the City authorized the construction of twelve of
the fourteen structures on Gunderson that exist within the required rear setback,
ereby - defining them as legal nonconforming uses. The Applicant's project is not
a legal nonconforming use, and it does not comply with the City's development
standards for residentially -zoned properties.
The Applicant neglected to obtain City any permits from the City to construct the
room addition. As a result, they violated Section 9110 of the Downey Municipal
Code, which states that no building, structure, or lot shall hereafter be used or
occupied, and no building or part thereof shall be erected, moved, or altered,
unless in conformity with the regulations specified in this article for the zone in
which such building, structure, or lot is located and then only after securing all
permits and licenses required by law and ordinances.
The Applicant constructed a 497 square foot addition to his home without
Planning approval or building permits; therefore, they built the structure
unlawfully. Consequently, the Applicant's reasons for requesting a variance do
not justify the granting of the variance.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution,
the Planning Commission of the City of Downey hereby denies PLN -14- 00140.
SECTION 4. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of August 2014.
Robert Kiefer,'Chairm6n
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 6th day of
August 2014, by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Mary Ca anagh, Secreta
City Planning Commission
PLN -14 -00140
13506 Gunderson Avenue.
August 6, 2014 - Page 4