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HomeMy WebLinkAboutResolution No. 94-C490 RESOLUTION NO. 94-C'49 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY VARIANCE NO. V-93-15 WHEREAS, an application was received from Michael Brashear for a variance to legalize the addition of two dwelling units with reduced open space, parking and unit size on property located at 625 North Cerritos Avenue (Variance No. V-93-15), and WHEREAS, the Planning Commission considered this request in a duly noticed public hearing on December 15, 1993, and has carefully considered all pertinent evidence and testimony, and WHEREAS, the Planning Commission made the required findings of fact, therefore denying the variance request, and WHEREAS, the applicant has appealed the Planning Commission's decision to the City Council, and a duly noticed public hearing was held on January 18, 1994, and continued to February 7, 1994, and WHEREAS, the City Council of the City of Azusa carefully considered all the pertinent evidence and testimony regarding Variance No. V-93-15, NOW THEREFORE, the City Council of the City of Azusa does hereby resolve as follows: SECTION 1. The City Council for the City of Azusa finds that the strict application of the zoning of the site would impose practical difficulties or unnecessary hardships on the site because the boundaries, size and placement of structures on the site, in combination with the strict requirements of the zoning, would prevent the applicant from continuing to offer to the City and its residents housing contemplated and encouraged under the General Plan. Further, the strict application of the zoning would impose unusual hardships on the property which has been certified for occupancy, thus resulting in a uniquely damaging result in comparison to other properties in the neighborhood. SECTION 2. The City Council for the City of Azusa finds that the existing development, historic use of the property and the issue of a certificate of occupancy for the existing premises constitute special circumstances pertaining to the applicant's property which do not generally pertain to the properties in the vicinity of the applicant's property. SECTION 3. The City Council for the City of Azusa finds that the granting of Variance V-93-15 will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or neighborhood in which the property is located because the variance would not place any additional burdens on the neighborhood. For the last five years the structures on the site have been in use without posing any significant parking impacts on the neighborhood or subjecting the community to undue noise or other burdens. By limiting the use of two units to senior housing the parking and noise in the community should be improved from its presently acceptable condition while simultaneously advancing the public interest in increasing the supply of senior housing. Page 1 of 2 0 RESOLUTION NO. 94-C49 PAGE 2 OF 2 SECTION 4. The City Council for the that the granting of Variance V-93-15 will be goals and objectives of the Azusa General additional dwelling units will support the senior citizen housing in Azusa, as allowed Plan's density bonus provision. SECTION 5. Variance V-93-15 subject to the Exhibit W. SECTION 6. this resolution. City of Azusa finds consistent with the Plan, in that the need for increased under the General The decision of the Planning Commission denying is hereby overturned and the request is approved, conditions of approval listed in the attached The City Clerk shall certify to the adoption of ADOPTED AND APPROVED this 21st day of MARCH , 1994. MAYO 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 91st day of MARCH 1994 by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NARANJO ABSENT: COUNCILMEMBERS: NONE Page 2 of 2 APPROVED AS TO FORM: ITY ATTORNEY