HomeMy WebLinkAboutResolution No. 84930 0
RESOLUTION NO. 8493
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA REVOKING VARIANCE NO. V-907
GRANTED TO CARROLL W. TUCKER FOR THE
PROPERTY LOCATED AT 234 SOUTH VIRGINIA
AVENUE
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Azusa
does hereby find, determine and declare that:
A. On July 9, 1986, the Planning Commission
of the City of Azusa granted Variance No. V-907 to
Carroll W. Tucker under the Deep Lot Ordinance to
construct a second dwelling unit without an
additional garage on property located at 234 South
Virginia Avenue.
B. On February 11, 1987, a duly noticed
Public Nuisance Hearing was held to determine
whether a Public Nuisance existed on the subject
property due to Mr. Tucker's noncompliance with the
conditions of approval of Variance No. V-907. The
property was declared a Public Nuisance as Noticed
and an Order of Abatement issued. This decision
and Order was appealed to the City Council and
upheld by Resolution No. 8204 on March 30, 1987.
C. On June 8, 1988, the Planning Commission
held a duly noticed public hearing to consider the
possible revocation of Variance Case No. V-907. By
Resolution No. 2570, the Planning Commission
recommended to the City Council that the Variance
be revoked under Section 19.60.150 of the Azusa
Municipal Code due to noncompliance with conditions
of approval.
D. On July 18, 1988, the City Council held a
duly noticed public hearing on revocation of
Variance Case No. V-907. The City Council has
considered all of the information presented to it
at the public hearing including, but not limited
to, written reports of the City Staff and testimony
of various witnesses including the property owner,
and documentary evidence submitted by the property
owner. The Council specifically received into the
Administrative Record such material as well as the
photographs submitted by the property owner and the
Building Department, Planning Department and
Finance Department files pertaining to the subject
property, and specifically finds that:
(1) Variance No. V-907 was approved by
the Planning Commission on July 9, 1986. As a
condition of approval of the Variance, Mr.
Tucker was required to remove from the
property a trailer and a fifth -wheel camper,
both of which were illegally occupied. As of
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July 18, 1988, the trailer and the fifth -wheel
camper located in the front driveway of the
subject property had been removed.
(2) Condition Nos. 2 and 3 of the
original approval required that all necessary
permits be obtained and all applicable
Building Department requirements be met for
the second permanent dwelling unit. To date,
Mr. Tucker has not obtained final approvals
for occupancy of the second unit. On several
occasions since the approval of the Variance,
Mr. Tucker has allowed the second dwelling
unit to be occupied without obtaining
occupancy approval and has performed
construction work with expired building
permits and without appropriate inspections.
(3) Mr. Tucker has failed to obtain
final Building Department approval of
construction of the second dwelling unit
within required time periods.
(4) The public necessity, convenience,
general welfare, and good zoning practice
require that the Variance be revoked because
Mr. Tucker has failed to comply with stated
conditions of approval and because the subject
property has been declared a public nuisance
due to Mr. Tucker's failure to keep the
property well -kept and maintained at all
times.
SECTION 2. Based upon the findings set forth in
Section 1 of this Resolution, the City Council of the City
of Azusa does hereby revoke Variance No. V-907 issued to
Carroll W. Tucker pursuant to Section 19.60.150 of the Azusa
Municipal Code.
SECTION 3. The City Clerk shall send a certified
copy of this Resolution to Carroll W. Tucker by prepaid,
first class United States mail at the address shown in the
public records pertaining to the Variance, or at the most
recent address known for such person. Such mailing shall
constitute notice to said person in accordance with Code of
Civil Procedure Section 1094.6 and Azusa Municipal Code
Section 15.08.100 that any action to review this decision of
the City Council shall be commenced not later than the
ninetieth (90th) day following adoption of this Resolution.
SECTION 4. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of
August , 1988.
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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 1st day of
August 1988, by the following vote of the
Council:
AYES: COUNCILMEMBERS AVILA! STEMRICH, NARANJOr LATTA/ MOSES
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
CITY CLERK i
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