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HomeMy WebLinkAboutResolution No. 87072 RESOLUTION NO. 8707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING VARIANCE NO. V-89-16 AND PRECISE PLAN OF DESIGN NO. P-89-116 FOR THE PROPERTY LOCATED AT 1015 NORTH ENID AVENUE, MICHAEL AND ELEANOR SNYDER THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa finds, determines and declares that: (a) Applicants, Michael and Eleanor Snyder are the owners of the property located at 1015 North Enid Avenue. The subject property is rectangular in shape with a width of 50 feet and a depth of 140 feet. It is improved with a single family residence and a detached two car garage. The subject parcel is zoned as single family residential, RIC. (b) While inspecting a neighboring residence, the staff discovered that a block wall was under construction within the front yard setback on the subject parcel. The wall was in excess of the 42 inch maximum height allowed within the front yard setback under Section 19.44.040(3) of the Azusa Municipal Code. (c) The property owners have submitted an application for a variance from the 42 inch height required for the wall within a front yard setback under Section 19.44.040(3) of the Azusa Municipal Code. The applicants have also requested approval of a precise plan of design for the wall and front yard landscaping. (d) Notice of public hearings on the variance and precise plan of design before both the Planning Commission and City Council were duly given and published in accordance with applicable law. Public hearings thereon were duly held by the Planning Commission of the City of Azusa on July 12, 1989 and by the City Council on August 21, 1989. (e) On July 12, 1989, the Planning Commission adopted Resolution No. 89-56 denying Variance No. V-89-16 and Resolution No. 89-57 denying the Precise Plan of Design P-89-116. (f) Thereafter, the applicants 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 in the staff reports and at the public hearing held on August 21, 1989. SECTION 2. The City Council of the City of Azusa, after careful consideration of the evidence presented to it, does hereby deny Variance No. V-89-16 and Precise Plan of design P-89-116 based upon the following findings: (a) Strict application of the provisions of the Zoning Title of the Azusa Municipal Code will not result in any practical difficulties or unnecessary hardships for the subject property inconsistent with the general purposes and intent of the title, in that the property is rectangular in shape, there are no abnormalities nor physical constraints that would preclude compliance with all applicable code provisions and there is sufficient room within the front yard setback to comply with the applicable codes. (b) There are no exceptional circumstances or conditions applicable to the subject property and to the intended use for development of the subject property that do not apply generally to other property in the same zone, in that the size, configuration and topography of the subject site is such that, as described in subparagraph (a), compliance with all applicable code provisions is possible. (c) The granting of the variance for the subject property will be materially detrimental to the public welfare and injurious to the property or improvements in the neighborhood in which the property is located, in that the presence of this oversized wall creates a fortress -like appearance on the property. This fortification would adversely affect the neighborhood by removing open space and landscaping and fostering an untrue impression of danger. SECTION 3. The City Clerk shall certify the adaption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of August , 1989 . I HEREBY CERTIFY that the foregoing duly adopted by the City Council of the City regular meeting thereof, held on the 5th -2- pmt/RES4127 Resolution was of Azusa at a day 0 0 of September , 1989, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, NARANJO, LATTA NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS: STEMR H, PTOSES C -CLERK -3- pmt/RES4127