HomeMy WebLinkAboutResolution No. 91-C0970
RESOLUTION NO. 91-C97
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA UPHOLDING THE APPEAL OF
RALPH AND ROSA MUNOZ AND APPROVING
VARIANCE NO. V-91-2 AND PRECISE PLAN OF
DESIGN NO. P-91-41
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 May 12, 1991, Ralph and Rosa Munoz
("Applicants") submitted an appeal regarding the
denial of Variance No. V-91-2 ("Variance") and the
denial of Precise Plan of Design No. P-91-41
("Precise Plan of Design") by the Planning
Commission for a proposed conversion of a guest
house to a second dwelling unit on property located
at 1042 North Alameda Avenue ("the Property"). The
Variance and Precise Plan of Design were denied by
Resolution No. 91-31 of the Planning Commission on
April 24, 1991.
B. On July 1, 1991, the Council held a duly
noticed public hearing on the appeal of Applicants.
C. The Council has carefully considered the
Planning Commission's determination, the staff
reports submitted in connection with this appeal
and for the initial application for the Variance
and Precise Plan of Design, and the written and
oral public comments received at said Planning
Commission and Council hearings.
D. The subject Property is zoned single family
residential and contains two structures. One is a
single family residence while the other is a guest
house which the Applicants seek to legalize a
second dwelling unit. Prior to 1956, the guest
house was the original residence on the Property.
In 1956, the City approved the construction of the
single family residence subject to the conversion
of the original residence into a guest house.
However, the original residence was never converted
into a guest house. Section 19.40.090 of the Azusa
Municipal Code allows for second dwelling units on
single family zoned properties. The proposed
Variance and Precise Plan of Design are requested
because conversion of the guest house to a second
dwelling unit does not technically meet the minimum
standards for lot size, parking, rear and side
yards and maximum lot coverage (Sections
19.40.090(1), 19.48.030(1), 19.08.050(1,3), and
19.08.180 of the Azusa Municipal Code).
E. Notwithstanding the technical noncompliance
with the abovementioned minimum requirements, the
Variance is necessary because a strict application
of the standards would result in practical
difficulties or unnecessary hardships inconsistent
with the general purpose and intent of Title 19,
Zoning, of the Azusa Municipal Code. The fact
that, prior to 1956, the guest house was the
original residence warrants a different
consideration of this Property with regard to
similarly situated properties in the same zone.
F. The granting of the Variance will not be
materially detrimental to the public welfare or
injurious to the Property or other properties in
the zone in which the Property is located.
Further, the granting of the Variance will not be
contrary to the objectives of the general plan for
the City of Azusa.
G. The proposed Precise Plan of Design provides a
similar development configuration as neighboring
properties containing single family residences and
accessory structures. The Precise Plan of Design
would not substantially depreciate property values
in the vicinity, would not unreasonably interfere
with the use or enjoyment of property in the
vicinity, and would not adversely affect the public
peace, health, safety or general welfare to a
degree greater than that generally permitted under
Title 19, Zoning, of the Azusa Municipal Code.
H. In taking this action, the Council has
considered the environmental impact of its decision
and after careful study, has determined that this
project is categorically exempt as a Class 3(a)
project under the provisions of California
Environmental Quality Act, California Environmental
Quality Act Guidelines and the City of Azusa's
Environmental Procedures. The City Council,
therefore, finds that this project will have no
significant effect on the environment.
SECTION 2. Based on the findings set forth in
Section 1 of this Resolution, the City Council of the City
of Azusa hereby approves Variance No. V-91-2 and Precise
Plan of Design No. P-91-41 subject to the conditions
attached as Exhibit "A" hereto and incorporated herein by
this reference.
SECTION 1. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of
.T.l a. , 1991.
-2-
pca/RES905755
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 15th day of
July , 1991, by the following vote of the
Council:
AYES: COUNCILMEMBERS DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES
NOES: COUNCILMEMBERS NONE
ABSENT:
-3-
pca/RES905755
EXHIBIT 'A'
V-91-2 & P-91-41
TO LEGALIZE EXISTING STRUCTURES
1014 NORTH ALAMEDA AVENUE
1. All requirements of the Planning Division shall be met, including
but not limited to the following:
a. The approval hereby granted is conditional upon the
privileges being utilized within six (6) months after the
effective date thereof and if they are not utilized or
construction work is not begun within said time and carried
on diligently in accordance with conditions imposed, this
approval shall become void and any permission or privilege
granted hereby shall be deemed to have elapsed.
b. All necessary permits shall be obtained.
C. Applicant must revise and submit a corrected plot plan
showing compliance with all applicable zoning standards prior
to Building Department plan check.
d. The upermitted addition shall be demolished and a new two -car
garage shall be constructed and maintained in accordance with
Chapter 19.48 of the Azusa Municipal Code.
e. Parking of vehicles on areas other than paved surfaces or in
garages is prohibited.
f. Landscaping shall be adequately maintained at all times
including, but not limited to, irrigation, weeding, and/or
replacement when necessary.
g. All portions of lot, with the exception of driveway areas and
building locations shown on plans submitted, shall be
completely and adequately landscaped at all times.
h. The premises shall be maintained in a clean and acceptable
condition at all times. All buildings and walls shall be
maintained in good repair at all times. Any offensive
markings shall be removed immediately.
2. All requirements of the Building Division shall be met, including
but not limited to the following:
a. Applicant recognizes that approval granted is for planning
and zoning only and the owner is obligated to meet all
applicable Building Division requirements.
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