HomeMy WebLinkAboutResolution No. 92-C0200
RESOLUTION NO. 92-C20
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA UPHOLDING THE APPEAL OF CONDITIONAL USE
PERMIT NO. C-91-14, VARIANCE NO. V-91-10 AND
PRECISE PLAN OF DESIGN NO. P-91-176 WITH
SPECIAL ADDITIONAL CONDITIONS REGARDING 1134-
1134 1/2 NORTH SAN GABRIEL 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:
A. On November 27, 1991, the applicant Claude Aguirre
brought a request before the Planning Commission to legalize a
second unit located at 1134-1134 1/2 San Gabriel Avenue. This
dwelling unit had been until 1977 a legal nonconforming use. In
1977 the amortization period for this nonconforming use expired
and maintenance of the second dwelling unit became an illegal
use. The matter was continued to December 11, 1991 at which time
the Planning Commission at a public hearing duly held and noticed
denied Conditional Use Permit No. C-91-14, Variance No. V-91-10
and Precise Plan of Design No. P-91-176 by adopting resolutions
No. 91-92, 91-93 and 91-94.
B. On December 31, 1991, the owners of the subject
property filed a timely appeal from the December 11, 1991
decision of the Planning Commission.
C. On January 20, 1992, a duly noticed public hearing
was held before the City Council of the City of Azusa on the
appeal of the property owners. Evidence was received from the
City through its Director of Community Development, Roy Bruckner.
Evidence was also received from the property owner Claude Aguirre
as well as from the tenant of the affected unit, Mrs. Bonita
Jordan.
SECTION 2. Having considered all of the oral and
written evidence presented to it at the hearing held on January
20, 1992, the City Council of the City of Azusa specifically
finds:
A. The subject property has been used for many years
as a second dwelling unit and the owners of the property rely
upon the income from the rental of the second dwelling and
purchased the property in reliance upon the continued flow of
that income.
B. It has been established that the property does not
presently meet all of the minimum standards of the Azusa
Municipal Code concerning habitability. These include 13
separate violations which have been recorded by the City which
include broken windows, plumbing leaks, unsanitary kitchen sink
and shower stall conditions, and electrical deficiencies.
C. The Council is aware that the property does not
conform to present parking requirements but finds that adequate
public parking is available on the local streets.
D. The Council is aware that the rear yard, floor
area, and lot area standards regarding second dwelling units are
not met with regard to this particular unit. The Council is also
aware that the minimum spacing between primary and second
dwelling units as required by the City Code is not satisfied with
regard to the present location of the second dwelling unit.
4533.1
0
E. The Council
tenant of the unit, Bonita
condition of the unit as it
safety standards.
0
has heard evidence from the present
Jordan, concerning the present
relates to the City's health and
SECTION 3. Based upon the findings set forth in
sections 1 and 2 of this Resolution, the City Council of the City
of Azusa does hereby conditionally uphold the appeal.
Conditional upon all existing City Code violations being cured to
the satisfaction of City Code enforcement officers Conditional
Use Permit No. C-91-14, Variance No. V-91-10 and Precise Plan of
Design No. P-91-176 concerning the second unit at 1134 North San
Gabriel Avenue are approved effective upon a finding by a City
Code Enforcement Officer that all existing City Code violations
have been cured.
SECTION 3. The City Clerk shall certify to the
adoption of this Resolution.
PASSED, ADOPTED AND APPROVED THIS 3rd DAY OF February
1992.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the City Council of the City of Azusa at a meeting
thereof held on the 3rd day of February 1992 by the
following vote of the Council:
AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER,:.MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Y CLER
4533.1