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HomeMy WebLinkAboutResolution No. 08-7073 - Deny Appeal, ZV #07-202, 9447 Pellet St.RESOLUTION NO. 08-7073 { 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. 07-202 - A REQUEST TO WAIVE THE ENFORCEMENT OF A CONDITION OF APPROVAL OF ZONE VARIANCE NO. 293, THAT REQUIRES THE PROVISION OF TWO COVERED PARKING SPACES PRIOR TO THE SALE, LEASE, OR RENTING OF THE PROPERTY AT 9447 PELLET STREET, ZONED R-1 6,000 (SINGLE-FAMILY RESIDENTIAL). THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A An application was filed by Carol Nader (hereinafter "Applicant") requesting a variance to waive the enforcement of a condition of approval of Zone Variance 293 that requires her to provide two covered parking spaces prior to the sale, lease, or renting of her property at 9447 Pellet Street, City of Downey, California (hereinafter "subject site") zoned R-1 6,000 (Single-Family Residential); and, B.The Planning Commission opened a duly noticed public hearing on March 5, 2008, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, continued the public hearing to May 21, 2008, with direction for Ms. Nader to provide them with a proposed design (or site plan) of the required new structure, along with an architect's or contractor’s estimates for said improvements; and, C.In a letter dated May 8, 2008, Michael Magnuson, Ms. Nader’s attorney, formally requested a 30-day extension of the public hearing because Ms. Nader was unable to obtain bids from contractors; and, D.On May 21, 2008, the Planning Commission granted Ms. Nader’s request and continued the public hearing on Zone Variance case No. 07-202; and E.The Planning Commission re-opened the continued public hearing on June 18, 2008, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 08- 2543, denying Zone Variance 07-202; and, F.On July 1, 2008, the applicant filed a timely appeal of the Planning Commission’s denial and is requesting that the City Council overturn the Planning Commission’s action; and, G.On July 10, 2008, notice of the pending City Council public hearing was mailed to all property owners within 500’ of the subject site. Additionally, the public notice was published in the Long Beach Press-Telegram; and, H The City Council opened the duly noticed public hearing on July 22, 2008, and continued the Hearing to August 12, 2008; and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing denied the appeal, thereby upholding the Planning Commission’s action. RESOLUTION NO. 08-7073 PAGE TWO SECTION 2. The City Council further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to be in compliance 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 hearings, the City Council further finds, determines and declares that: A.Special conditions and circumstances do not exist which are peculiar to the land, structure, or building involved, which are not generally applicable to other lands in the same vicinity and zone, because the subject site is a normal sized lot for properties in the R-1 6,000 zone (sixty feet (60’) wide and one-hundred ten feet (110’) deep), and the size of the house is similar to other homes in the vicinity, ample room exists on the site to provide a two-car garage. Also, the applicant was fully aware of the Downey Municipal Code requirements regarding their room addition in 1983 and the requirements for covered off-street parking. B 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 the City has imposed the same condition for similar requests in similar circumstances. C Special conditions and circumstances would result from actions of the applicant because similar requests have either established the required covered parking or executed the required covenant. The applicant has enjoyed the benefits of a larger home and a larger rear yard for 24 years by not providing the covered required off-street parking and she would evade the requirements of the Conditions of Approval if she sells the property before constructing the garage D 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 the Code required the applicant to bring the property into compliance with the City's development standards when she expanded the house on her nonconforrning property. Zone Variance No. 293 required the applicant to provide two-covered off-street parking spaces before the property is sold, leased or rented, which has not occurred. The proposed minor zone variance would allow her to avoid meeting this requirement after enjoying the privileges of a larger home than she was entitled to. E The granting of such variances will be in harmony and not adversely affect the General Plan. The General Plan designation for the site is low density residential. The current use as well as the purposed use will remain low density residential and will be consistent with the City’s General Plan. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the City Council of the City of Downey hereby denies the appeal, thereby upholding the Planning Commission’s denial, of Zone Variance No. 07-202. RESOLUTION NO. 08-7073 PAGE THREE (SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 12th day of August, 2008. D'\IN©o ATTEST: @ FN L. MIDSTOKKE, City ClerkTIt 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 12th day of August, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN : Council Members: Bayer, Guerra, Mayor Gafin Council Member: Cartozian, Trejo Council Member: None Council Member: Nonef L. MIDSTOkm ;ity Clerk