HomeMy WebLinkAboutPC Resolution 15-2937RESOLUTION NO. 15 -2937
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING PLN -14 -00260 (VARIANCE) - A REQUEST TO DEVIATE FROM THE CITY
OF DOWNEY RESIDENTIAL PROPERTY DEVELOPMENT STANDARDS TO
FACILITATE CONSTRUCTION OF A SINGLE- FAMILY RESIDENCE ON A
SUBSTANDARD LOT, ON PROPERTY LOCATED AT 13423 LAURELDALE AVENUE
AND ZONED R -1 (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:
A. On December 30, 2014, Eddie Leon (hereinafter referred to as the "Applicant ")
submitted a Land Use Permit Application requesting approval of a zone variance
(PLN -14 -260) requesting approval of a zone variance to facilitate construction of a
two -story house on a vacant lot at 13423 Laureldale Avenue, Downey, California.
B. The subject property is zoned R -1 (Single - Family Residential), and its General Plan
land use designation is LDR (Low Density Residential).
C. The subject property, is 25.2 feet wide, 95 feet in depth, and covers approximately
2,394 square feet of land.
D. The Applicant seeks approval of the following deviations from the Code: 1) reduced
side yard setbacks for portions of the first and second floors of the house; 2) an
increase in the allowable hardscape in the front yard; 3) an increase in the floor area
ratio; 4); and reduced interior dimensions for a two car garage.
E. On March 6, 2015, notice of the pending public hearing was sent to all property owners
within 500' of the subject site and the notice was published in the Downey Patriot.
F. The Planning Commission opened a duly noticed public hearing on March 18, 2015,
and continued the aforesaid public hearing after fully considering all oral and written
testimony, facts, and opinions offered.
G. On August 7, 2015, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and the notice was published in the Downey
Patriot.
H. The Planning Commission held a duly noticed public hearing on August 19, 2015, and
after fully considering all oral and written testimony, facts, and opinions offered at the
aforesaid public hearing, denied PLN -14 -00260 and directed staff to prepare a
resolution that reflects their actions.
On September 2, 2015, the Planning Commission adopted Resolution No. 15 -2935,
thereby denying PLN 14- 00260.
Resolution No. 15 -2937
Downey Planning Commission
SECTION 2. Having considered all of the oral and written evidence presented to it at said
public hearings, the Planning Commission further finds, determines and declares that:
1. Special conditions and circumstances exist which are peculiar to the land, structure and
buildings involved on the subject property, which are not generally applicable to other
lands, structures, or buildings in the same vicinity and zone.
The subject property, which was subdivided prior to the City's incorporation in 1956, is zoned
R -1 5,000. The minimum lot size for properties in the R -1 5,000 zone is 5,000 square feet and
the minimum lot width is fifty feet. However, the subject property contains 2,394 square feet of
land only and has a substandard width of 25 feet. It exists in an area at the southernmost
region of Downey (between Gardendale Avenue to the north, Century Boulevard to the south,
Lakewood Boulevard to the east and Klondike Avenue to the west) that contains a multitude of
these undersized lots. It is; however, a legal lot and other properties in the same area have a
legal substandard size, making them different from the City's minimum lot size for an R -1 zone
property as well. Nevertheless, the Planning Commission finds that the owner of the subject
property is not deprived of rights commonly enjoyed by other properties in the vicinity and in
the R -1 zone, because the substandard lot area and substandard lot width do not define
special conditions that applies to this lot that are not generally applicable to other properties in
the same vicinity-and zone.
2. The literal interpretation of the provisions of the Zoning Code would deprive the applicant
of rights under the terms of the Zoning Code commonly enjoyed by other properties in the
same vicinity and zone in which the property is located.
Subsection 9312.08 of the Downey Municipal Code establishes that for properties within the R-
1 (Single - Family Residential) zone, the minimum front and rear yard setbacks shall be twenty -
feet (20') deep, and the side yard setbacks shall be at least five -feet (5). For the second floor
of two -story structures, the Code also states that the setback distances of the side yards shall
be at least five -feet (5-0 ") and total fifteen feet when combined. In compliance with these
standards, the Applicant proposes twenty foot front and rear setbacks and five foot side
setbacks along portions of the first and second floors of the house; however, the Applicant has
also proposed three -foot side yards on the north side of the house and on both sides of the
garage, and the combined widths of both second floor side setbacks do not total fifteen feet.
Section 9312.08 also permits a maximum floor area ratio (the floor area of all buildings divided
by the lot area) of 0.60; whereas, the Applicant's plan proposes a FAR of 0.63 (1,500 sq. ft.
building/ 2,394 sq. ft. of lot area for the house.
Downey Municipal Code Section 9710.02 (a) provides that the minimum interior measurement
of a garage shall be twenty feet (20') wide and twenty feet (20') in depth. The proposed interior
measurements are eighteen feet (18') wide and twenty feet (20') in depth. The Code also
establishes a maximum width for driveways on undersized lots. It states that 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, for properties that are
less than sixty (60) feet wide. The front yard setback of the subject property measures 504
square feet (25.2'x 20.0'); therefore, the maximum allowable hardscape is 252 square feet. The
Applicant has proposed a sixteen -foot wide driveway comprised of grass block pavers;
however, it measures 320 square feet in size (16 'x 20'0), which exceeds this standard by 68
square feet.
PLN -14 -00260 (13423 Laureldale Avenue)
September 2, 2015 - Page 2
Resolution No. 15 -2937
Downey Planning Commission
PLN -14 -00260 requests a variance from the provisions of the Zoning Code to allow a three foot
side yard setback along the side property lines adjacent to the garage, building setbacks for the
second floor of the house that do not total fifteen feet, a floor area ratio of 0.63 that is greater
than the Zoning Code allows, more hardscape in the front yard than the Code allows, and a
two -car garage that is one foot narrower than the Code requires.
These minimum standards preserve sufficient space for outdoor use and provide building
separation for fire safety and privacy. Consequently, the literal interpretation of the provisions of
the Zoning Code would not deprive the applicant of rights under the terms of the Zoning Code
commonly enjoyed by other properties in the same vicinity and zone in which the property is
located because the proposed building setbacks do not provide proper building separation to
achieve the building separation, light and ventilation, and privacy standards established by the
Zoning Code and Downey General Plan. It is possible to construct a dwelling that complies with
the setback and floor area ratio standards, and the proposed pavers do not satisfy the Code
requirements for open space in the front yard.
3. Special conditions and circumstances do not result from the actions of the applicant.
The Planning Commission's approval of the proposed variance will result in special conditions and
circumstances because the dwelling would be less than five feet (5-0 ") from the south property
line, placing it less than ten feet from the existing dwelling on the adjacent property: the proposed
house is a two -story structure; whereas, no other two -story houses exist on this block; and
approving the proposed house will result in the relocation of an existing street light, which could
result in reduced visibility and safety for Laureldale residents allow the applicant to construct a
house that meets all other development standards in R -1 zone. Approval of the variance will not
result in a special circumstance as a result of the action of the applicant because the lot
size /shape was established prior to City incorporation.
4. Granting the variance requested will not confer on the applicant special privileges that are
denied by the Zoning Code to other lands, structures or buildings in the same vicinity and
zone in which the property is located.
The subject property exists in an area at the southernmost region of Downey (between
Gardendale Avenue to the north, Century Boulevard to the south, Lakewood Boulevard to the
east and Klondike Avenue to the west) that contains a multitude of undersized lots. Eight of the
lots between Golden Avenue and Prichard Street alone are less than fifty feet wide. These
properties are developed with single family dwellings that feature a two -car garage, a one -car
garage, or a carport. The approval of this variance will not establish a precedent in the vicinity
and /or R -1 zone, because the subject property will be developed in a manner that is similar to
many established homes in the area.
5. The granting of such a variance will be in harmony and will not adversely affect the
General Plan.
The subject site has a General Plan Land Use Designation of Low Density Residential, which is
implemented with the based R -1 zone. Approving the variance would not be in harmony with the
General Plan because Program 1.4.2.1 seeks to discourage residential construction not in
harmony with the surrounding neighborhood. The Planning Commission finds that the reduced
side yards, mass of the proposed house, and the increased hardscape in the front yard are not in
harmony with the surrounding neighborhood.
PLN -14 -00260 (13423 Laureldale Avenue)
September 2, 2015 - Page 3
Resolution No. 15 -2937
Downey Planning Commission
6. 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 requested a variance to allow the following deviations from the Code: 1) reduced
side yard setbacks for the first and second floors of the house; 2) reduced interior dimensions for
the garage; 3) an increase in the allowable hardscape in the front yard; and 4) an increase in the
floor area ratio; however, the reasons set forth by the Applicant for the variance do not justify its
approval, because it is possible to construct a single- family residence without the need for all four
deviations from the Code and still allow the reasonable use of the land.
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- 00260.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of September, 2015.
r
Hector Lujan Cpogirman
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 7th day of October 2009,
by the following vote, to wit:
AYES:
COMMISSIONERS:
Lujan, Flores, and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Rodriguez and Morales
Mary Cav nagh, Secretary
City Planning Commission
PLN -14 -00260 (13423 Laureldale Avenue)
September 2, 2015 - Page 4