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HomeMy WebLinkAboutResolution No. 09-7103 - Deny Appeal, ZV #08-87, 7848 Benares St.RESOLUTION NO. 09-7103 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 08-87- A REQUEST TO DEVIATE FROM THE MAXIMUM FLOOR AREA RATIO FOR THE R-1 5,000 (SINGLE-FAMILY RESIDENTIAL) ZONE (MAXIMUM 0.65), AS SET FORTH IN SECTION 9110.12 OF THE DOWNEY MUNICIPAL CODE. THEREBY ALLOWING A FLOOR AREA RATIO OF 0.75 ON PROPERTY AT 7848 BENARES STREET, ZONED R-1 5,000 (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.Mr. Robert van der Velde (hereinafter "Applicant"), owner of property located at 7848 Benares Street, filed an application requesting a variance from the maximum floor area ratio allowed for properties in the R-1 5,000 (Single-Family Residential) Zone, as set forth in 9110.12 of the Downey Municipal Code; and, B The Planning Commission opened a duly noticed public hearing on November 19, 2008, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 08-2557, denying Zone Variance No. 08-87; and, [C.In a letter dated December 4, 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, D The City Council opened a duly noticed public hearing on January 27, 2009, 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. 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 parcel is part of a 21-unit lot subdivision (Tract map 00-53325), which compiled with the City’s development standards for new lots in the R-1 5,000 Zone and because the house complies with the residential standards that were established at the time it was built. In Resolution No. 2088, the Planning Commission made the findings necessary to approve the tentative map because the map and its improvements were consistent with the Downey General Plan, and because the site was suitable for this type and proposed density of development. 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 RESOLUTION NO. 09-7103 PAGE TWO the same vicinity and zone in which the property is located because other homeowners are also required to meet the City’s residential development standards, which are designed to limit the size of homes in residential areas by imposing floor area ratio requirements and by regulating the maximum area of the second floor of a two-story house C.Special conditions and circumstances would result from actions of the applicant because the proposed loft would result in a larger home than the Code allows and result in the expansion of a nonconforming use. 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 approving the proposed loft would exceed the floor area ratio standards established by the Zoning Code and allow the applicant to enjoy a larger home than the Code allows. E The granting of such variances will be in harmony and not adversely affect the General Plan. Granting approval of the applicant’s request will not adversely affect the Comprehensive General Plan. The General Plan designation for the site is low density residential. The current use as well as the proposed 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. 08-87. SECTION 5 The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 27th day of January 2009. /fAb ac MARIO A. GUERRA, Mayor ATTEST: qWtZzoy\>.4,„laMb KATHLEEN L. MIDSTOKKE, City Clerk //// RESOLUTION NO. 09-7103 PAGE THREE ( %M.d. ?MM£l 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 January 2009, by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN : Council Members: Council Member: Council Member: Council Member: Bayer, Brossmer, Gafin, Marquez Mayor Guerra None None KATHLEEN L. MIDSTOKKE, City Clerk