HomeMy WebLinkAboutResolution No. 83220
RESOLUTION NO. 8322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA GRANTING A VARIANCE, CONDITIONAL USE
PERMIT AND PRECISE PLAN OF DESIGN TO JOSE E.
RODRIGUEZ FOR PROPERTY LOCATED AT 1049 WEST
THIRD STREET (VARIANCE CASE NUMBER V-941,
CONDITIONAL USE PERMIT CASE NUMBER C-449 AND
PRECISE PLAN OF DESIGN NUMBER P-2445)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby finds, determines and declares that:
A. There has been filed with the Planning
Commmission of the City of Azusa the application of
Jose E. Rodriguez requesting a variance for the
subject property located at 1049 West Third Street,
Azusa. The variance as applied for seeks approval
of:
1. A four foot separation between the house
and the garage instead of the ten foot
separation required by Section 19.08.070(a) of
the Azusa Municipal Code;
2. One garage space instead of the three
garage spaces required by Section 19.48.030(2)
of the Azusa Municipal Code;
3. Six hundred eight square feet of living
area for the second unit instead of the eight
hundred fifty square feet required by Section
19.08.130(b) of the Azusa Municipal Code;
4. A rear yard setback of nineteen feet
instead of the twenty-five feet required by
Section 19.08.050(3) of the Azusa Municipal
Code;
5. A lot area of seven thousand seven
hundred fifty square feet instead of the
twelve thousand square feet required by
Section 19.40.090(1) of the Azusa Municipal
Code.
B. The original structure on the subject property
was constructed in 1946 and is now a non -conforming
structure by virtue of the fact that the property
contains only one garage space instead of the two
garage spaces required by Section 19.48.030(1] and
because the side yard setback is three and one-half
feet instead of the five feet required by Section
19.48.050(2). Therefore, a conditional use permit
is required before any expansion of the original
structure can be permitted.
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C. The granting of the variance for the subject
property will not be materially detrimental to the
public welfare or injurious to the subject property
or improvements in the zone or neighborhood in
which the property is located in that the
conditions of approval will eliminate any potential
effects of the variance upon the surrounding area.
D. The granting of the variance for the subject
property is consistent with the general plan of the
City of Azusa and each of its elements and there
are no master plans applicable to the subject
property.
E. In taking this action, the City Council
considred the facts 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.
F. The Applicant has agreed to the variance as
approved and the conditions of approval attached to
it.
SECTION 3. The approval of this variance for the
subject property is subject to the Applicant's compliance
with the following conditions of approval:
A. The structure shall be converted to and used
as a one housing unit only.
B. Applicant shall acquire an additional fifteen
feet of the property to the rear of the subject
property and shall obtain required approvals from
the City for the adjustment and property lines on
or before January 15, 1988.
C. Upon acquisition of the fifteen feet of
property to the rear, the Applicant.shall maintain
a nineteen foot rear yard setback.
D. Applicant shall provide two garage spaces
which shall be attached to the main structure.
E. Applicant shall pay all required fees as of
the date of issuance of the building permit, obtain
a building permit and other related permits, and
obtain a final inspection and certificate of
occupancy from the Building Department. Applicant
shall provide the building inspector with access to
all areas of the structure necessary for a proper
inspection to insure compliance with the building
code, even if such inspection requires the removal
of work already constructed.
F. Any and all applicable Building Department and
Fire Department requirements shall be met.
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SECTION 4. The City Council of the City of Azusa
after careful consideration of the evidence presented to it,
does hereby approve said Conditional Use Permit Number C-449
for the work allowed by the variance granted in Section 2 of
this Resolution and subject to the conditions set forth in
Section 3 of this Resolution based upon the Council's deter-
mination that the public necessity, convenience, general
welfare and good zoning practice justify the issuance of this
conditional use permit.
SECTION 5. The Director of Community Development
is hereby ordered to issue a Precise Plan of Design Number
P-2445 for the subject project consistent with the approvals
granted in Sections 2 and 3 of this Resolution.
SECTION 6. The variance, conditional use permit
and precise plan of design approved by this Resolution are
minor land use variation approvals which will have no effect
upon the environment and, therefore, the project is
categorically exempt from the requirements of the California
Environmental Quality Act.
SECTION 7. The City Clerk shall certify the adoption
of this resolution.
ADOPTED AND APPROVED this 5th day of October, 1987.
MAYO
I HEREBY CERTIFY that the foregoing
duly adopted by the City Council of the City
regular meeting thereof, held on the 5th day
by the following vote of the Council:
AYES: COUNCILMEMBERS: AVILA, CRUZ, MOSES
NOES: COUNCILMEMBERS: LATTA
ABSTAIN: COUNCILMEMBERS: COOK
ABSENT: COUNCILMEMBERS: NONE
resolution was
of Azusa at a
of October, 1987