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HomeMy WebLinkAboutResolution No. 81659 0 RESOLUTION NO. 8165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING A CONDITIONAL USE PERMIT TO SWI NELSON FOR PROPERTY LOCATED AT 643 VIRGINIA ANN DRIVE (CONDITIONAL USE PERMIT CASE NO. C-425) 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. There has been filed with the Planning Commission of the City of Azusa the application of Suvi Nelson requesting permission to expand a legal nonconforming use by allowing a patio cover (Azusa Municipal Code Section 19.40.050) on the subject property. B. The subject property is generally described as 643 Virginia Ann Drive, City of Azusa, County of Los Angeles, and is legally described as Lot 13 of Tract 25309, Map of Azusa, and as shown on the map on file with the City Clerk. C. The application for the Conditional Use Permit was duly noticed and 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 October 8, 1986, and by the City Council of the City of Azusa on December 1, 1986 and December 15, 1986. E. On October 8, 1986, the Planning Commission of the City of Azusa by Resolution No. 2396 voted to approve the Conditional Use Permit for the subject property. F. Thereafter, the appellant duly filed a Notice of Appeal with the City Clerk within the time required by law for such appeal. G. The City Council has considered all of the information presented to it at the public hearings held on December 1, 1986 and December 15, 1986, including, but not limited to, written reports of the City staff, testimony of various witnesses including the property owner and appellant, and documentary evidence submitted by the appellant. The Council specifically placed into the Administrative Record such material as well as the photographs submitted by the appellants and the Building Department, Planning Department and Finance Department files pertaining to the subject property. H. The public necessity, convenience, welfare and good zoning practices justify the issuance of the Conditional Use Permit, subject to the conditions set forth in Section 2 of this Resolution, because: 1. In 1982 the Council rezoned the subject property from R3a to Rlc which made the house structure on the subject property legally nonconforming. The patio cover requested by the applicant would have been legal under the provisions of the R3a zone applicable to the subject property and the house prior to the zone change. 2. The location of the patio cover in relation to the configueration of the house structure and the lot is in accordance with accepted architectural standards. 3. The existence of the patio cover and the location of the patio cover will not adversely affect surrounding properties because of the conformity of the patio cover to architectural standards concerning the location and config- ueration and the requirements of this Condi- tional Use Permit that a building permit and Building Department inspection be obtained in order to determine if structural problems exist with the patio cover and if such problems do exist, to provide a procedure for correcting them. 4. The patio cover is adequately set back from the property lines. 5. The house structure to which the patio cover would be attached, as well as the improvements on the property and the premises, were lawfully existing uses on the effective date of the change in Title 19 of the Azusa Municipal Code changing the zone of the sub- ject property from R3a to Rlc. 6. The nonconforming use of the structure has not been discontinued for a period of six (6) or more since being made nonconforming in 1982 by virtue of the said zone change. 7. The alteration of the nonconforming building or structure as proposed by this Conditional Use Permit does not exceed 150 percent of the current assessed value of said building or structure according to the County Assessor. 8. The currently existing patio structure on the property was built without applicable building or zoning permits or approvals, how- ever, the Council seeks to correct this viola- tion by the approval of this Conditional Use Permit with necessary conditions of approval. -2- 9. Allegations raised by witnesses at the public hearings concerning the property not being in compliance with the Azusa Municipal Code are not currently before the City Council with respect to the appeal of the Conditional Use Permit. These allegations are currently being investigated by City staff and, if determined to have merit, would be the subject of separate proceedings before the City staff and, possibly, the City Council. 10. This project consists of the operation or minor alteration of existing private structures or facilities (the house on the subject property) involving negligible or no expansion of use beyond that previously existing (i.e., the addition of approximately 350 square feet of patio cover). The patio cover will not result in an increase of more than 50 percent of the existing floor area of the house, or 250 square feet. No substantial adverse environmental impacts exist nor have been identified with respect to the project. Therefore, this project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to 14 Ca1.Admin.Code Section 15301(e). 11. The granting of this Conditional Use Permit for the subject property is consistent with the General Plan of the City of Azusa and each of its elements. 12. 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. Based upon the findings set forth above, the City Council of the City of Azusa hereby denies the appeal filed by Jack Harris and approves the request for the Conditional Use Permit submitted by applicant Suvi Nelson for the patio cover as described in the Nelson application subject to the following conditions of approval: A. Construction shall comply with the plot plan submitted; B. All necessary permits shall be obtained; C. Any and all applicable Building Department and Fire Department requirements shall be met at all times; and D. Applicant shall apply for and obtain an approved Precise Plan of Design for all construc- tion. -3- SECTION 3. The permit hereby allowed is condi- tional upon the privileges being utilized within six (6) months after the effective date of this Resolution, and if they are not utilized or construction work is not begun within said time and carried on diligently in accordance with conditions imposed by the Council, this authorization shall become void, and any privilege, permit or variance granted hereby shall be deemed to have elapsed. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall mail by first class, prepaid, United States mail a certified copy of this Resolution to appellant and applicant to such addresses as are shown in their respective application and appeal. PASSED, APPROVED AND ADOPTED this 19th day Of January 1987. A ..1A. . 4 I HEREBY CERTIFY duly adopted by the City regular meeting thereof, Of January , 1987, by AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: that the foregoing Resolution was Council of the City of Azusa, at a held on the 19th day the following vote of the Council: z' 9 A... � CITY CLERK pmt/RES9845 AVILA, COOK, CRUZ, LATTA, MOSES NONE NONE -4-