Loading...
HomeMy WebLinkAboutResolution No. 8413E RESOLUTION NO. 8413 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE APPEAL OF CONDITIONAL USE PERMIT CASE NO. C-88-3, VARIANCE CASE NO. V-88-4 AND PRECISE PLAN OF DESIGN NO. P-88-9 FOR THE PROPERTY LOCATED AT 140-146 NORTH AZUSA AVENUE (WILLIAM AND MARILYN KRIEGER) 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. An Application was duly filed by William and Marilyn Krieger for a Conditional Use Permit, a Variance, and a Precise Plan of Design to legalize the conversion of a commercial building into two residential units with reduced parking with respect to the following described real property (hereafter "Subject Property"): 140-146 North Azusa Avenue and legally described as: Lot 28 of Block 77, Map of Azusa" and as shown on a map on file with the Plannina Commission of the City of Azusa. B. A duly -noticed public hearing on the application for the Conditional Use Permit, the Variance, and the Precise Plan of Design was held by the Planning Commission of the City of Azusa on February 17, 1988, and after considering all of the evidence submitted on the application, the Planning Commission by Resolution Nos. 2529, 2530, and 2531 denied the Conditional Use Permit, the Variance, and the Precise Plan, respectively. C. On March 8, 1988, a timely appeal of the Planning Commission's action was filed by William Krieger (hereafter "Appellant"). D. Thereafter, the City Council of the City of Azusa held a duly -noticed public hearing on the appeal and the application for the Conditional Use Permit, Variance, and Precise Plan of Design on April 11, 1988, at which time the appellant and all others were given the opportunity to speak on the proposed action and all written and documentary evidence was received by the Council. E. In taking this action, the City Council has 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. FJN/RES6132 • • SECTION 2. Having considered all of the oral and written evidence presented to it at the duly noticed public hearing held on April 11, 1988, the City Council finds that: A. The subject property is located at 140-146 North Azusa Avenue in the City of Azusa and is located in the Freeway Service (FS) zone. B. The commercial building situated at the front of the subject property was constructed in 1954 and was used for commercial purposes until 1981. In 1981, appellant converted the front commercial building into two residential dwelling units without obtaining zoning approval or building permits. C. The building situated at the rear of the subject property was constructed in 1961 as a two-family residential building with two attached one -car garages. In 1963, the Azusa Municipal Code was changed to prohibit residential uses in the C-2 zone, at which time the residential building became a nonconforming use. In 1968, the parcel was rezoned to FS (Freeway Service), which prohibits residential uses. The residential building at the rear is a legal nonconforming use which will become fully amortized in 1991. D. Appellant now seeks legalization of the conversion of the front commercial structure into a residential building. To permit this conversion, a Conditional Use Permit is required for the expansion of a nonconforming use pursuant to Section 19.40.050 of the Azusa Municipal Code, a Variance is required for a reduced number of parking spaces pursuant to Section 19.48.030(2), and a Precise Plan of Design is required for such uses pursuant to Section 19.56.020. E. The Conditional Use Permit should be denied because Azusa Avenue is an important commercial corridor which serves as a primary entrance to the City. older residential uses along this street are being gradually phased out to remove conflicts with the surrounding predominant commercial area. The introduction of additional residential units, represented by the proposed legalization of the conversion of the subject commercial structure, is contrary to good zoning practice of working towards consistent compatible and consistent land use patterns. F. The Variance should be denied because the legalization of additional residential dwelling units on the subject property is directly contrary to the objectives of the Azusa General Plan for General Commercial land uses in the area. Residential units are not permitted in the FS zone and therefore the -2- FJN/RES6132 • • variance is a "use variance" prohibited by state law. Allowing these additional dwelling units will not further the goals of achieving compliance of all property land uses with those called for in the General Plan. G. The Variance should be denied because the parking situation and surrounding land uses of the subject parcel are more practical and compatible for commercial use than for residential purposes. No unnecessary hardship has been demonstrated to prevent the proper return of the structure to a commercial use. A temporary vacancy as a commercial building is not an exceptional circumstance along Azusa Avenue and does not justify the conversion of the structure to residential uses with reduced parking. H. Several building code violations have been observed within the interior of the converted commercial structure, and the dwelling units have been determined to be substandard housing. The presence of substandard dwelling units will have a detrimental effect on the development of additional commercial buildings in the area, and will have a negative effect on surrounding property values. I. This project has been found to be Categorically Exempt under the California Environmental Quality Act - Class 3(b). The public necessity, convenience, and general welfare, and good zoning practice requires that appellant's proposed Precise Plan of Design be denied. SECTION 3. Based on the findings set forth in Section 2 of this Resolution, the City Council of the City of Azusa hereby denies the appeal of Conditional Use Permit No. C-88-3, Variance No. V-88-4, and Precise Plan of Design No. P-88-9. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 2nd day of May , 1988. • -3- FJN/RES6132 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 2nd day of May 1988, by the following vote of the Council's. AYES: COUNCILMEMBERS: AVILA; LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: STEM^/RICH, NARANJO / t - ,AD ?OLIS;'City Clerk as