HomeMy WebLinkAboutResolution No. 8972s.
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RESOLUTION NO. 8972
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DENYING A VARIANCE AND
PRECISE PLAN OF DESIGN FOR THE PROPERTY
LOCATED AT 741 GLEN LYN DRIVE (VARIANCE
CASE NO. V-90-08 AND PRECISE PLAN OF
DESIGN NO. P-90-167)
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION J. The'City Council of 'the City of Azusa
does hereby find, determine and declare that:
A. There has been filed with the Planning
Commission of the City of Azusa the application of
George and Linda Rauscher requesting a variance and
a precise plan of design to permit the conversion
of a two car garage into living quarters for the
property located at 741 Glen Lyn'Drive. The
application for the variance requests that the
property not be required to comply with Section
19.48.030(1) which requires a two car garage for
the subject property.
B. The subject property at 741 Glen Lyn drive.is
legally described as Lot 193 of Tract No. 20495,
Map of Azusa, as shown on the map on file with the
City Clerk.
C. The application for the variance and precise
plan of design was duly initiated and notice of
public hearings thereon were duly given and
Published in accordance with applicable law.
D. Public hearings thereon were duly held by the
Planning Commission of the City of Azusa on.` ,
September 26, 1990 and by the City Council of the
City of Azusa on November 19, 1990.'
E. On September 26, 1990, the Planning Commission
adopted Resolution Nos. 90-83 and 90 -84 -denying
Variance No. V-90-08 and Precise Plan of Design No.
P-90-167. Thereafter, the applicant duly filed a
notice of appeal with the City Clerk within the
time required by law,for such appeal.
F. The'City Council has carefully considered all
of the information presented to it at the public
hearing held on November -19 1990.
SECTION 2,. The City Council of the City of Azusa
does hereby deny the appeal of George and Linda Rauscher of
the Planning Commission's actions with respect to the
application for Variance No. V-90-08 and Precise Plan of
Design No. P-90-167 and further denies the.applications for
Variance No. V-90-08 and Precise Plan of Design No. P-90-167
based upon the following findings:
A. Strict application of the provisions of the
zoning title of the Azusa Municipal Code will not
result in .practical difficultiesor unnecessary
hardships for the subject property inconsistent
with the general purposes and intent of this code
in that there is nothing out of the ordinary about
the size, configuration or topography of the
subject project which would preclude the use of the
garage area for storage of vehicles nor that would
require the use of the garage area for living space
and, further, that the garage can be reconverted to
a garage for the storage of vehicles according to
the uniform building 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 there is nothing
out of the ordinary concerning the size,
configuration and topography of the subject
property that would preclude the reconversion of
the garage from being accomplished. Surrounding
residential parcels were designed and built similar
-
to the original construction of the subject
property and are all uniform in their size,
configuration and topography. Moreover, there is
no evidence that the City knew or should have known
of the illegal conversion of the garage and allowed
it to continue.
C. 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 and would lessen the
quality of development standards for this area in
that future owners of this property would congest
the street with parked vehicles and other
properties in the area would be inclined to convert
their own garages to living quarters, thus
exacerbating the problem.
D. The granting of this variance for the subject
property is contrary to the goal'of encouraging
high quality residential development found in the
land use and housing elements of the Azusa general
plan.
E. The public necessity, convenience and general
welfare and good zoning practice require that the
proposed precise plan of design for the subject
property be denied based upon the same reasons set
forth in subparagraphs A through D of this section.
F. In taking this.action, the City Council
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.
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pmt/RES893150
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SECTION I. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day.of
Deoen6er , 19 90 ,
..4 ./I � /�GI� ;,
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council oftheCity of Azusa at a
regular meeting ther4of, held on the _3j2d_ day of
December , 199-, by the following vote of the
council:
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NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS NONE
CITY CLERK
pmt/RES893150