HomeMy WebLinkAboutResolution No. 96-C80RESOLUTION NO. -96-C80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING AN APPEAL BY GREGORIO AND VIRGINIA RIOS OF THE PLANNING COMMISSION DECISION TO DENY VARIANCE V-96-2 AND PRECISE PLAN OF DESIGN P-96-21 WHEREAS, an application was received from Gregorio and Virginia Rios for a variance and precise plan of design to legalize a second dwelling unit and room addition with reduced floor area, lot size, parking and side yard setback and excess lot coverage (Variance No. V-96-2 and Precise Plan of Design No. P-96-21), and WHEREAS, the Planning Commission considered this request in a duly noticed public hearing on March 27, 1996, and has carefully considered all pertinent evidence and testimony, and WHEREAS, the Planning Commission could not make the required findings of fact, therefore adopting Resolution Nos. 96-5 and 96-6 denying the variance and precise plan of design request, and WHEREAS, the applicant has appealed the Planning Commission's decision to the City Council, which held duly noticed public hearings on May 6, 1996, and WHEREAS, the City Council of the City of Azusa carefully considered all the pertinent evidence and testimony regarding Variance No. V-96-2 and Precise Plan of Design No. P-96-21. 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 granting of the Variance V-96-2 and the Precise Plan of Design P-96-21 is not justified by any unnecessary hardship, since if the house was returned to its original condition, the property would be developed with structures which would meet the living needs of a modest single-family household, which would easily be accomplished by the demolition of the unpermitted construction. SECTION 2. The City Council for the City of Azusa finds that the granting of the Variance V-96-2 and Precise Plan of Design No. P-96-21 is not justified by any exceptional circumstances, as many other parcels with dimensions identical to this site have been developed in this area of Azusa with a single home on each lot, recognizing that this parcel configuration simply does not lend itself to supporting two homes. SECTION 3. The City Council for the City of Azusa finds that the granting of the Variance V-96-2 and Precise Plan of Design P-96-21 will cause an adverse effect on surrounding properties, in that squeezing another household onto such a small parcel forces both families on the site to live in smaller homes with minimal outdoor open space and substandard parking for their vehicles, the effects of which could spill over to adjacent properties. SECTION 4. The City Council for the City of Azusa finds that the granting of the Variance V-96-2 and Precise Plan of Design P-96-21 will be inconsistent with the goals and objectives of the Azusa General Plan, in that the overall density of 24.9 units per acre created by this request is contrary to the Medium Density Residential land use designation for this property contained within the Land Use Element of the Azusa General Plan, which calls for a maximum density of 15 units per acre under this designation. Page 1 of 2 .rA LJ RESOLUTION NO. 96-C80 PAGE 2 OF 2 SECTION 5. Variance V-96-2 upheld. SECTION 6. this resolution. E, The decision of the Planning Commission denying and Precise Plan of Design P-96-21 is hereby The City Clerk shall certify to the adoption of ADOPTED AND APPROVED this 3rd day of June , 1996. MAYOR I HEREBY CERTIFY that the foregoing resolution adopted by the City Council of the City of Azusa at meeting thereof, held on the 3rd day of June the following vote of the Council: was duly a regular _, 1996 by AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ALEXANDER Page 2 of 2 APPROVED AS TO FORM: AES �- - �e�a, CITY ATTORNEY