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HomeMy WebLinkAboutResolution No. 8012RESOLUTION NO. 8012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING A ZONE VARIANCE (VARIANCE CASE NO. V-879) AND A CONDITIONAL USE PERMIT TO TONY VAN KEMENADE FOR PROPERTY LOCATED AT 1533 NORTH SUNSET AVENUE THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. Tony Van Kemenade filed an application with the Planning Commission requesting a variance to allow a reduced side yard setback of zero feet (Azusa Municipal Code Section 19.08.050 (2)), a reduced rear yard setback of zero feet (Azusa Municipal Code Section 19.44.020 (a)), and to allow the storage of materials, use of mechanical equipment, and alteration of the residential structure in connection with his construction business. The applicant further requested a conditional use permit to legalize his business use of the residential property. B. The subject property is located at 1533 North Sunset Avenue, Azusa, California, and is zoned R -lb (single family residential) and is designated as "low-density residential" on the General Plan. C. The request for the variance and conditional use permit for the subject property was duly initi- ated, notice of public hearings thereon were duly given and published in accordance with applicable law. D. Public hearings thereon were duly held by the Planning Commission of the City of Azusa on February 5, 1986, and by the City Council of the City of Azusa on March 17, 1986, and April 15, 1986. E. On February 5, 1986, the Planning Commission of the City of Azusa by Resolution No. 2269, denied the applicant's request for a variance. F. Thereafter, the applicant duly filed a notice of appeal with the City Clerk within the time specified by law, at which time he made his request for a conditional use permit. G. The City Council has considered all of the infor- mation presented to it at the public hearing held on April 15, 1986. H. In taking this action the City Council considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. SECTION 2. After careful consideration of the matters presented to the City Council at the public hearing, the City Council hereby denies the applicant's request for a variance and conditional use permit based upon the following findings: A. Strict application of the provisions of the Zoning Title of the Azusa Municipal Code will not result in practical difficulties or unnecessary hardships for the subject property inconsistent with the general purposes and intent of the Zoning Title in that the applicant can move the storage of materials of his business to locations within the commercial or industrial zones and there are no unusual or distinguishing characteristics about this residential property that would compel the use of it as commercial or industrial property; B. There are no exceptional circumstances or conditions applicable to the subject property and the intended use for development of the subject property that do not apply generally to other property in the same zone in that the property is a rectangularly shaped parcel of residential property with no distinguishing topographical or unusual land characteristics applicable to it and that applicant can make full and beneficial use of his property within the requirements of the Zoning Title; C. The granting of the variance or a conditional use permit for the subject property will be materially detrimental to the public welfare and good zoning practice for the reasons stated above; D. Allowing the applicant to use his property for the purposes requested and to grant the vari- ance will enable him to utilize the property for his business in violation of the R-1 zoning requirements and in violation of the home occupa- tion requirements of the Azusa Municipal Code, and as such constitute a use variance which is pro- hibited by State law and by Section 19.60.050 of the Azusa Municipal Code. E. Use of the property for commercial or indus- trial uses as proposed by the applicant is not a legal nonconforming use as the property has not previously been zoned for such uses within the applicable amortization period; F. Granting of the variance would be in violation of the utility easement located on the rear five feet of the subject property which prohibits the construction or maintenance of permanent struc- tures within the easement area; G. Granting of the variance or conditional use permit as requested by the applicant would be in- consistent with the General Plan in that the General Plan designates the subject property for "low-density residential" which does not permit commercial or industrial uses except by home occupation permit. -2- 0 6 SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of April 1986. MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 21st day of April 1986, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AVILA, COOK, LATTA, MOSES NONE CRUZ -3- 1 Cn CL R AVILA, COOK, LATTA, MOSES NONE CRUZ -3-