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HomeMy WebLinkAboutResolution No. 80960 0 RESOLUTION NO. 8096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DENIAL OF VARIANCE V-908. THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. An application for a variance was filed by Victor Jara with respect to the real property described as follows: 741 North Pasadena Avenue, Azusa, California, legally described as: Lots 18 and 19, Block 32, Map of Azusa, and as shown on the map on file with the Planning Commission of the City of Azusa; requesting a variance permitting: Eight (8) undersized residential units (343 square feet provided: 500 square feet required: Section 19.16.202(2)). B. A public hearing was set for and held on July 9, 1986 before the Planning Commission of the City of Azusa at 7:30 P.M. in the Civic Auditorium, 213 East Foothill Boulevard, notice having been given of the date, time and purpose for the aforesaid hearing in accordance with law. C. The Planning Commission for the City of Azusa after consideration of the application and evidence presented at the public hearing disapproved and denied the requested variance by Resolution No. 2336 adopted and approved on July 9, 1986. D. Notice of appeal of Resolution No. 2336 was filed in the office of the City Clerk on July 28, 1986 requesting that the City Council of the City of Azusa approve variance V-908 and overturn the Planning Commission's denial of said variance. E. The City Council of the City of Azusa held a duly noticed public hearing on August 18, 1986 at 7:30 P.M. in the Civic Auditorium, 213 East Foothill Boulevard, Azusa, California. SECTION 2. The City Council of the City of Azusa further finds and determines that the public necessity, convenience, and general welfare and good zoning practice require that the proposed variance be denied 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 KSM/RES4557 0 0 property inconsistent with the general purposes and intent of this Title in that the substandard apartment units have been fully amortized following the change in the zoning code in accordance with the provisions of the Azusa Municipal Code. The units were constructed in 1929 and the amortization period following the change in the Code for apartment size expired in 1977. B. There are no exceptional circum- stances or conditions applicable to the subject property and to the intended use for the subject property that do not apply generally to other property in the same zone in that all apartment units within the City of Azusa are required to have the 500 square foot minimum floor area. Additionally, the units can be combined very easily in order to allow for rental of standard size units. C. The granting of the variance for the subject property will be materially detri- mental to the public welfare and/or injurious to the property or improvements in the zone or neighborhood in which the property is located in that the 500 square foot minimum floor size from which the variance is sought is also a requirement of public health and building codes to maintain adequate living areas for human habitation. D. The subject variance, if granted, would be inconsistent with the General Plan of the City of Azusa. E. 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 environ- mental resources. SECTION 4. Based on the record on appeal, evidence presented at the August 18, 1986 hearing before the City Council and such further evidence, the City Council of the City of Azusa hereby disapproves the Appeal and denies the requested variance. SECTION 5. The City Clerk shall certify to the adoption and passage of this Resolution and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 2nd day of September, 1986. -2- KSM/RES4557 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF AZUSA ss. L I, Adolph A. Solis , City Clerk of the CITY OF AZUSA, do hereby certify that the foregoing Resolution No. 8096 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of September, 1986. That thereafter, said Resolution was duly adopted and passed at a regular meeting of the City Council on the 2nd day of September, 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEN RS: NONE -3- KSM/RES4557