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HomeMy WebLinkAboutResolution No. 87710 RESOLUTION NO. 8771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE APPLICATION OF MARIO PANZARELLA FOR CONDITIONAL USE PERMIT NO. C-89-18, VARIANCE NO. V-89-19 AND PRECISE PLAN OF DESIGN NO. P-89-166 FOR THE PROPERTY LOCATED AT 753 EAST ARROW HIGHWAY 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. An application has been filed by Mario Panzarella for a conditional use permit (C-89-18), variance (V-89-19) and precise plan of design (P-89-166) to allow for the operation of a used automobile sales business in conjunction with an auto repair business and for the reduction in offstreet parking for the property owned by Mr. Panzarella located at 753 East Arrow Highway. B. A duly noticed public hearing on the applications for the conditional use permit, variance and precise plan of design was held by the Planning Commission of the City of Azusa on October 11, 1989, and after consideration of all of the evidence submitted on the applications, the Planning Commission, by Resolution Nos. 89-80, 89-81 and 89-82, denied the applications for the conditional use permit, variance and precise plan of design. C. On November 20, 1989, the City Council of the City of Azusa held a duly noticed public hearing on the applications for the conditional use permit, variance and precise plan of design and heard testimony from the planning staff, the applicant, Mr. Panzarella and members of the public, as well as receiving written evidence from the Planning staff. The City Council has carefully considered all of the evidence and comments received at said hearing. SECTION 2. The City Council of the City of Azusa further finds, determines and declares that: A. Good zoning practice encourages the establishment of businesses on properties that have been specifically designed to support such uses. Subject parcel was originally constructed as an automotive service center with parking area calculated to meet the needs of that type of business. Used car dealers require separate display areas, appropriate levels of landscaping and additional parking areas for potential customers. This property does not meet these development standards and good zoning practice 0 0 would indicate that a used car sales business would be inappropriate at this location. Therefore, the public necessity, convenience, welfare and good zoning practices justify denial of the conditional use permit and precise plan of design. B. 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, in that the subject property is regular in size, configuration and topography with no irregular or abnormal physical constraints on the property or on the surrounding area necessitating this variance. The applicant's request for the variance is prompted by an economic desire to combine two uses onto a single property without complying with the most minimal development standards for each such use. C. 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 subject property is regular size, configuration and topography and there are no irregular or abnormal physical constraints on the site or the surrounding area which necessitate this variance. The applicant's request for a variance is prompted by an economic desire to combine the two uses on one site without complying with even the most minimal development standards. D. The granting of the variance for the subject property would be materially detrimental to the public welfare and injurious to the property or improvements in the zone or neighborhood in which the property is located, in that the rear portion of the parking area would become crowded with cars awaiting repair, while the front section is covered with used vehicles awaiting sale. Very little space would be left for customer parking for either the automotive repair or the car sale businesses. E. The granting of the variance as requested by the applicant for the subject property would be inconsistent with the general plan of the City of Azusa and each of its elements, in that good zoning practice and the principles for orderly commercial development found in the Azusa General Plan place a high priority on the provision of adequate parking areas for all businesses. F. The parking proposed by the applicant for the combined automotive and used car businesses would be inadequate to meet the parking needs of the businesses in addition to being in violation of the minimum parking requirements set forth in the Azusa Municipal Code. -2- pmt/RES49471 0 0 SECTION 3. Based upon the evidence received at the public hearing described in Section 1 and the findings made in Section 2, the City Council of the City of Azusa hereby denies the applications of Mario Panzarella for conditional use permit No. C-89-18, variance No. V-89-19 and precise plan of design No. P-89-166. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of December , 1989 . 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 December 1989, by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE CITY CLERK -3- pmt/RES49471