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HomeMy WebLinkAboutResolution No. 06-6927 - Dent Appeal and Deny ZV 306-05, 12110 Pomering Rd. (Ka-Kwang Temple)RESOLUTION NO. 06-6927 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL OF A DECISION BY THE PLANNING COMMISSION TO DENY ZONE VARIANCE NO. 06-05 TO MODIFY ZONE EXCEPTION CASE No. 596 TO ALLOW FOR THE DEMOLITION AND RECONSTRUCTION OF AN EXISTING CLASSROOM BUILDING, PORTIONS OF WHICH WOULD CONSIST OF TWO STORIES, ON THE PREMISES OF FA-KWANG TEMPLE, LOCATED AT 12110 POMERING ROAD, ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL) . THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 2. The City Council of the City of Downey does hereby find, determine and declare that: A.On January 26, 2006, Dwayne Oyler of Oyler Wu Collaborative filed a Planning Application on behalf of the Fa-Kwang Temple, to modify Zone Exception Case No. 596, to allow for the demolition of an existing one-story classroom/dining hall building and the construction of a two-story classroom/dining hall building at the same location. B.The subject property is located at 12110 Pomering Road, and is zoned R-1 (Single-Family Residential). C On September 1, 1965, the Downey Planning Commission approved Zone Exception Case No. 596, which allowed Downey Baptist Church to establish the classroom/dining hall building at the rear of the subject property with stipulations that the approved structure would be one-story in height and ten feet (10’) from the rear property line. D The applicants submitted a variance application to modify Zone Exception Case No. 596 to facilitate the second floor classroom, because their request is a modification to the original approval of the classroom/dining hall building at this location. E.On May 3, 2006, the Downey Planning Commission held a duly noticed public hearing and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 2438, which denied the proposed zone variance. F.On May 16, 2006, Mr. Oyler filed a written appeal of the decision of the Planning Commission on behalf of the applicant. D On June 27, 2006, the Downey City Council held a duly noticed public hearing on the appeal and, after considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 06-6927 denying the Appeal and Zone Variance No. 06-05. 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: RESOLUTION NO. 06-6927 PAGE TWO 1.Zone Exception Case No. 596 resulted in a special condition or circumstance, which is peculiar to the building involved and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone, because it approved the classroom building with a condition that it would be a one story structure and ten feet from the rear property line. The classroom building occupies more than one half of the required rear yard. However, Section 9110.12 of the Downey Municipal Code states for properties in the R-1 Zone, a detached accessory building shall not exceed one story or twelve feet (12’) in height and Section 9140.30 (a) of the Code states that a detached accessory structure may occupy not more than one-half (1/2) of the required rear yard. 2 The literal interpretation of the provisions of the Zoning Code would not deprive the applicant of rights under the terms of the Code commonly enjoyed by other properties in the same vicinity and zone in which the property is located, because no property in the R-1 (Single-Family Residential) Zone could be developed with a two-story accessory structure nor could an accessory structure occupy more than one-half (1/2) of the required rear yard area. Also, the literal interpretation of the Code would not deprive the applicant of rights under the terms of the Code because Fa-Kwang Temple exists as a legal nonconforming use. The Code currently does not allow for churches in the R-1 zone. 3.The special conditions and circumstances affecting the subject property are a result of a decision of the Planning Commission to approve Zone Exception Case No. 596, and did not result from the actions of the applicant. 4.That granting the variance requested will confer on the applicant a special privilege that is denied by the Zoning Code to other lands, structures, or buildings in the same vicinity and zone in which the property is located because other properties in the R-1 (Single-Family Residential) Zone could not be developed with a two-story accessory structure nor could an accessory structure occupy more than one-half (1/2) of the required rear yard area. 5.The granting of such variance will not be in harmony and could adversely affect the Comprehensive General Plan, because the Downey General Plan promotes residential construction that compliments existing neighborhoods and seeks to maintain the single-family character of the low density residential areas. The proposed variance would facilitate a structure with greater bulk and mass than the Code allows for single-family residential areas. 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 of Zone Variance No. 06-05, regarding a request to allow for the demolition of an existing one-story classroom/dining hall building and the construction of a two-story classroom/dining hall building at the same location. SECTION 4.The City Clerk shall certify to the adoption of this Resolution. RESOLUTION NO. 06-6927 PAGE THREE (APPROVED AND ADOPTED this 27th day of June, 2006. 'ya<,d,k,bl.eh MEREDITH H. PERKINS, Mayor ATTEST: hMMM14–b–MM KATHLEEN L. IMIDSTOKKE, 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 27TH day of June, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : 5 Council Members: Bayer, Cartozian, Gafin, Trejo, Mayor Perkins 0 Council Member: None 0 Council Member: None 0 Council Member: None [ KATHLEEN L. MIDSTOKKE, City Clerk