HomeMy WebLinkAboutResolution No. 72030 0
RESOLUTION NO. 7203
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA GRANTING A ZONE VARIANCE
(VARIANCE CASE NUMBER V-771 NAIM MUSHARBASH)
NOW, THEREFORE, the City Council of the City of
Azusa does resolve as follows:
SECTION 1. The City Council does',hereby find and
determine that there was filed with the Planning Commission the
application of Naim Musharbash (Variance Case Number V-771)
requesting a zone variance to allow an eight -foot rear yard
setback instead of the required twenty -five-foot rear yard
setback; that a duly noticed public hearing was held on said
application by the Planning Commission on October 6, 1982 and
that the Planning Commission took no action on the application
by a tie vote; that the matter was appealed to the City
Council by the applicant; that a duly noticed public hearing
was held by the City Council on said appeal on November 15,
1982.
SECTION 2. After due notice and public hearing
inconsideration of all written and oral evidence presented at
said public hearing, the City Council finds that:
A. The subject property is located at 1003 East
Fondell Avenue, Azusa, and is located in the
R -lc zone (single family residential).
B. Strict application of the provisions of the
zoning title of the Azusa Municipal. Code will
result in practical difficulties or unnecessary
hardships for the subject property inconsistent
with the general purpose and intent of the title;
Specifically, practical difficulties and
Unnecessary hardships arise in that no other
area on the property is available for the room
addition.
C. There are exceptional circumstances.or conditions
applicable to the subject property and to the
intended use or development of the subject property
that do not apply generally to other property in
the same zone or neighborhood;
Specifically, the reduction in the rear yard set-
back is created solely by the connection of the
existing detached garage to the existing house.
D. The granting of the variance for the subject property
will not be materially deterimental to the public
welfare or injurious to the property or improvements
in the zone or neighborhood in which the property is
located;
Specifically, the R-1 character of the home on the
subject property is maintained and the actual setback
of the garage is not changed by the granting of
this variance; and
E. The granting of the variance for the subject property
will not be contrary to the objectives of any master
plan and will be consistent with the general plan
of the City of Azusa;
Specifically, no master plan exists for the subject
property and the subject property is in an area
designated as low density on the general plan and falls
within the low density limits for the general plan.
-2 -
SECTION 3. The zone variance case number V-771 is
hereby approved subject to the following conditions:
A. The construction shall comply with the plot plan
submitted and attached hereto as Exhibit "A";
B. All necessary permits shall be obtained;
C. All construction shall comply with all applicable
building and fire department requirements;
D. The two -car garage shall remain as a two -car garage
at all times as required by Section 19.48.030(1)
in modification to change said use is absolutely
prohibited;
E•. The added room shall be used as part of the
original dwelling living area and shall not be
used for accessory dwelling purposes.
SECTION 4. The City Council does hereby find and
declare that the variance for the subject property described herein
will not have a substantial adverse effect upon the environment and
the negative declaration attached hereto as Exhibit "B" has been
prepared in accordance with the California Environmental Quality
Act of 1970, as amended, and the State Seat for guidelines and is
hereby approved and adopted by the City Council.
SECTION 5. The City Clerk shall certify to the adoption
of this Resolution.
ADOPTED AND APPROVED THIS 6th day of Dec. , 1982
I hereby certify that the foregoing Resolution was
duly adopted by the City of Azusa, at a regular meeting thereof
held on the 6th day of December 1982, by the following
vote of the Council:
AYES: COUNCILMEN: DECKER, HART, CRUZ, MOSES
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
ABSTAIN: COUNCILMEN: LATTA
ADOIXH SOLIS, City Clerk
CITY OF AZUSA
Date: December 8, 1982
County Clerk
Corporations Division -- Room 106
Post Office Box 151
Los Angeles, California 90053
Gentlemen:
11V
RE: NOTICE OF DETERMINATION
FOR: V-771
(project name
On December 6 1982 the project known asVariance Case V-771
Td—ate)
and proposed to be located at 1003 East Fondale in the City
of Azusa was approved by City Council
(approved/disapproved (approv. dept.,
Resolution No. 7203
div., office, etc. (res. or ord. number,
if applicable
The Planning Director and the Planning Commission, after notice and
hearing, and the City Council, after notice and hearing, if the City
Council finally approved of the project, have determined that the
projecthave a significant effect on the
will/will not
environment. Accordingly, on September 29, 1982 the Planning
Director completed a N e g a -t Tv -e- eC ar -a-t ion on the
Negative Declaration/ EIR
project and filed the required notice of same. A copy of the project
specifications and documents is on file in the Office of the Planning
Department, City Hall, Azusa, California. In accordance with the
requirements of the California Environmental Quality Act, the decision
on this project relative to the California Environmental Quality Act
will be considered final on the 30th day following the filing of
this NOTICE.
This document is being filed in duplicate. Please acknowledge filing
date and return acknowledged copy in the enclosed stamped self-
addressed envelope.
Prepared and filed by:
The Planning Department, City of Azusa
laAO
William Cunningham
CC: City Clerk