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HomeMy WebLinkAboutPC Resolution 15-2942RESOLUTION NO. 15 -2942 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING PLN -15 -00161 - A REQUEST TO RETAIN A LEGAL NONCONFORMING SECOND DRIVEWAY AND APPROACH ON A SINGLE - FAMILY LOT, BY MODIFYING THE CONDITIONS OF APPROVAL OF ZONE VARIANCE NO. 369 THAT REQUIRES REMOVAL OF THE DRIVEWAY AND APPROACH UPON THE SALE, LEASE, OR RENTING OF THE SUBJECT PROPERTY LOCATED AT 8622 FONTANA STREET 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. In January 10, 1985, Charles Treat submitted an application for a zone variance to retain a second driveway that was being used for off - street parking on a residential property. B. On February 6, 1985, the Planning Commission adopted Resolution No. 838, which granted a variance (Zone Variance No. 369) to retain a legal nonconforming second driveway on a single - family lot, at 8622 Fontana Street, Downey, California. C. The approval for retaining the second driveway and approach required the recordation of a covenant with the Los Angeles County Recorder's Office, to remove said driveway and approach upon the sale, lease, or renting of the subject property. D. The subject property is zoned R -1 (Single - Family Residential), and its General Plan land use designation is LDR (Low Density Residential). E. On July 27, 2015, Tom Morris submitted a Land Use Permit Application on behalf of the Treat Family Living Trust, seeking approval of a variance to retain the secondary driveway. The Applicant encountered difficulty selling the subject property because the covenant requires the driveway and approach to be removed upon the sale, lease, or renting of the subject property. F. On September 25, 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. G. The Planning Commission held a duly noticed public hearing on October 7, 2015, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, denied PLN -15- 00161. 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. Resolution No. 15 -2942 Downey Planning Commission The subject property is identified as 8622 Fontana Street in Downey. Fontana Street borders the front of this site and a public alley abuts the rear yard. In 1950, the property was developed with a single - family dwelling with a one -car garage. In 1952, this garage was converted into habitable space legally and the homeowner constructed a new garage that was accessible from the driveway. The driveway that served the original garage remains. After the City's incorporation in 1956, Downey initiated new development standards that no longer allowed more than one driveway on single - family residences; however, the improvements on the subject site were lawful, which categorized the secondary driveway as a legal nonconforming use. Downey established a compliance date to bring such uses into compliance with the City's standards and eventually took action to resolve this condition in 1984. In response, the property owner applied for and received the Planning Commission's approval of a variance (Zone Variance 369) to retain the legal nonconforming driveway; however, the Planning Commission imposed a condition of approval that required the Applicant to record a covenant with the Los Angeles County Recorder's Office to remove said driveway and approach upon the sale, lease, or renting of the subject property. The Applicant prefers to retain the secondary driveway because it makes the house more attractive to potential buyers. The Applicant contends that the secondary driveway has not created a nuisance in the neighborhood, that it reduces parking problems on Fontana Street, and several other properties nearby have a similar condition. Nevertheless, 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 subject lot is of sufficient size to meet the minimum development standards for properties in R -1, Single - Family Residential Zone. The property is developed with a Code - compliant garage and there are no physical constraints that prevent removal of the nonconforming driveway. 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 9710 of the Downey Municipal Code establishes a standard that properties within the R -1 (Single - Family Residential) zone shall not have more than one (1) driveway except that parcels or lots having a street frontage of seventy (70) feet or more may be permitted to have two (2) driveway openings, but both the primary and secondary driveway openings shall serve the same driveway. It also allows a secondary driveway for access to a recreational vehicle storage pad, as approved by the Commission, but the recreational vehicle storage pad must be located outside all required front, side, and street side setbacks. The legal nonconforming driveway does not satisfy any of these conditions. Section 9312.08 of the Code requires the front yards in all residential zones to be landscaped, free of stored items, and unpaved except for pedestrian walkways, driveways, and approved patios. Only temporary parking of vehicles pursuant to Section 9710.02(h) shall be allowed in the front yard. By approving Zone Variance No. 369, the Planning Commission granted the applicant rights that other persons in the same vicinity and zone would not be afforded under the City's development standards; however the Commission granted that approval with the understanding that the nonconforming driveway would be removed when the property is sold, leased, or PLN -15 -00161 (8622 Fontana) October 7, 2015 - Page 2 Resolution No. 15 -2942 Downey Planning Commission rented. Rather than being deprived of a right commonly enjoyed by other properties in the zone, the Applicant is requesting to maintain a non - permitted driveway that is not allowed by the Zoning Code. 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 it will allow a legal nonconforming driveway to exist beyond the time constraints established by the Zoning Code in effect in 1985, and beyond the stipulation established by Condition No. 1 of Zone Variance No. 369, that the secondary driveway and approach would be removed upon the sale, lease, or renting of the subject property. 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 was developed as a single - family residence with an attached garage in 1950. Two years later, the garage was converted into habitable space, and a new garage was constructed at the rear of the site. A driveway from an alley adjacent to the rear of the lot provided access to the new garage, while the original driveway remained as a secondary driveway. The property exists as a legal nonconforming use, subject to the provisions of Zone Variance No. 369, which conferred a special privilege to the Applicant to maintain the secondary driveway under specific circumstances. By granting PLN -15- 00161, the Planning Commission will allow the Applicant and future owners of the property to utilize the property in a manner that is prohibited by the Zoning Code. 5. The granting of such a variance will be in harmony and will not adversely affect the General Plan. The Applicant seeks approval of PLN -15- 00161, to allow a nonconforming secondary driveway to remain. Granting this variance would not be in harmony with the General Plan for the following reasons: Program 1.3.2.4. (Revoke unused zone exceptions and other zoning entitlements that are no longer used) seeks to eliminate an entitlement such as Zone Variance No. 369; Program 8.3.1.2. (Maximize the landscaped setback on street yard setbacks) and Program 8.3.1.3. (Minimize the amount of pavement and other non -plant material along the street yard setbacks) promote landscaping and plants in the front yard, but the proposed variance encourages a nonconforming paved surface in the front yard to remain. 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 eliminate the condition of approval of Zone Variance No. 369 and thereby retain the legal nonconforming driveway because it makes the house more attractive to potential buyers, the secondary driveway has not created a nuisance in the neighborhood, the nonconforming driveway reduces parking problems on Fontana Street, and several other properties nearby have a similar condition. Nevertheless, the reasons set forth by the Applicant for the variance do not justify approving the request because a Code compliant driveway exists on the site, economic hardship is not a justifiable reason to approve a variance, and the PLN -15 -00161 (8622 Fontana) October 7, 2015 - Page 3 Resolution No. 15 -2942 Downey Planning Commission nonconforming condition may never comply with the Code if the requested variance is approved. 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 -15- 00161. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of October, 2015. Hector L jan irman 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, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores and Morales NOES: COMMISSIONERS: Rodriguez ABSENT: COMMISSIONERS: Owens ABSTAIN: COMMISSIONERS: None 4U� 2��J- -- Mary Cad anagh, Secretary City Planning Commission PLN -15 -00161 (8622 Fontana) October 7, 2015 - Page 4