HomeMy WebLinkAboutResolution No. 8226RESOLUTION NO. 8226
A RESOLUTION OF THE CITY COUNCIL OF THE
OF AZUSA DENYING A VARIANCE TO JOSE E.
RODRIGUEZ FOR PROPERTY LOCATED AT 1049
THIRD STREET (VARIANCE CASE NO. V-929)
CITY
WEST
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does herby find, determine and declare that:
A. There has been filed with the Planning
Commission of the City of Azusa the application of
Jose E. Rodriguez for a variance to (1) provide a
reduced rear -yard setback of four (4) feet instead
of the twenty-five feet required by Section
19.08.050(3) of the Azusa Municipal Code; (2)
provide for reduced distance between buildings of
four and one-half (4-1/2) feet instead of the ten
feet required by Section 19.08.070(A) of the Azusa
Municipal Code; (3) provide one garage space for
two dwelling units instead of the three spaces
required by Section 19.48.030(2) of the Azusa
Municipal Code; and (4) a second dwelling unit in a
Rlc zone on a lot of 6,987 square feet instead of
the 12,000 square feet required by Section
19.40.090(1) of the Azusa Municipal Code.
B. The subject property is generally described as
1049 West Third Street, Azusa, California.
C. The application for the variance was duly
initiated 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
February 18, 1987, and by the City Council of the
City of Azusa on March 31, 1987 and April 20, 1987.
E. On February 18, 1987, the Planning Commission
of the City of Azusa by Resolution No. 2435 voted
to deny the variance for the subject property.
F. Thereafter, the applicant 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 March 31, 1987 and April 20, 1987.
SECTION 2. The City Council of the City of Azusa,
after careful consideration of the evidence presented to it,
does hereby deny said Variance No. V-929 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 Title 19 of
the Azusa Municipal Code in that:
(1) No exceptional circumstance exists on
the property which justifies the variance
requests as, prior to construction of the
second dwelling unit the property was, in
general, no different than most other single-
family residential parcels in the neighbor-
hood.
(2) The need to remove the second dwelling
unit does not constitute an unnecessary hard-
ship, as the property owner knowingly
continued construction without first obtaining
Planning or Building Division approval.
(3) The introduction of a second dwelling
unit crowded onto a standard single-family
residential parcel is injurious to the
property values of the surrounding single-
family residential neighborhood.
(4) The construction of a second dwelling
unit without adequate off-street parking,
distance between buildings and open spaces
creates a substandard residential property
which is contrary to the principles of the
Housing Element of the Azusa General Plan.
B. There are no exceptional circumstances or
conditions applicable to the subject property and
to the inten ed development of the subject property
that do not apply generally to other property in
the same zone for the reasons set forth in
subparagraph A above.
C. The granting of the variance for the subject
property will be materially detrimental to the
public welfare or injurious to the property or
improvements in the zone or neighborhood in which
the property is located because of the problems
described in subparagraph A.
D. The granting of the variance for the subject
property is not consistent with the General Plan of
the City of Azusa for the reasons set forth in sub-
paragraph A.
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 environmental resources.
SECTION 3. The City Clerk shall certify the
adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED this 4th day
of May , 1987.
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 4th day
of May 1987, by the following vote of the
Council:
AYES:
COUNCILMEMBERS
AVILA,
COOK, LATTA
NOES:
COUNCILMEMBERS
CRUZ,
MOSES
ABSENT: COUNCILMEMBERS NONE
CITY CLERK
RES7463
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