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HomeMy WebLinkAboutResolution No. 91-C1210 0 NO. 91-C121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING THE APPEAL OF ROSENDO AND EMMA TORRES AND OVERTURNING THE JULY 9, 1991 ORDER FOR THE ABATEMENT OF PUBLIC NUISANCE BY THE COMMUNITY DEVELOPMENT DEPARTMENT FOR PROPERTY LOCATED AT 172 NORTH AZUSA AVENUE UNDER CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 91-982-M) 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 July 9, 1991, a duly noticed public nuisance hearing was held to determine whether or not the property at 172 North Azusa Avenue ("Property") constitutes a public nuisance as defined in Section 15.08.010 of the Azusa Municipal Code. The Hearing Officer issued an Order to Abate and found the property to be a public nuisance because the condition of the Property violated certain provisions of the aforementioned section of the Azusa Municipal Code. On or about July 9, 1991, the decision of the Hearing Officer was signed and transmitted to Rosendo and Emma Torres, the deceased property owners ("Owners") through the executor of their estate, Ruben Torres. B. On July 18, 1991, the executor, acting on behalf of the Owners of the Property, filed a timely appeal from the July 9, 1991 decision of the Hearing Officer. C. On August 5, 1991, a duly noticed public nuisance appeal hearing was held before the City Council of the City of Azusa pursuant to the provisions of Chapter 15.08 of the Azusa Municipal Code. Evidence was received from the City through its Community Development Director, Roy E. Bruckner, and the public and representatives of the Owners were given the opportunity to present oral and written evidence. The Council considered this evidence along with staff reports and other City documents relating to the Property. SECTION a. Having considered all of the oral and written evidence presented to it at the hearing held on August 5, 1991, the City Council of the City of Azusa specifically finds that: A. The subject property consists of a residential dwelling and a separate rear dwelling structure located at 172 North Azusa Avenue (Assessor's Parcel Nos. 8611-31-20, 8611-31-21). 0 0 B. The rear dwelling structure was originally constructed as a carport/storage room and is approximately 400 square feet in size based on tax assessor records. The rear dwelling structure does not meet minimum size standards for occupancy. C. The original garage on the Property has been destroyed by fire. Representatives of the Owners express a desire to reconstruct the garage. D. The residential dwelling, the rear dwelling structure, and the original garage became legally nonconforming in 1964 due to a zone change from residential to commercial but became fully amortized in 1984 pursuant to Section 19.40.050 of the Azusa Municipal Code. E. There exists a fence stretching across the front of the Property at a height of approximately five feet. The placement and height of such fence technically violate Sections 19.44.040 and 11.65.010 of the Azusa Municipal Code. F. The strict application of the provisions of the zoning standards to the residential dwelling, the reconstruction of the garage, the rear structure and the fence would result in practical difficulties and unnecessary hardships to the owners and their legal representatives inconsistent with the general purpose and intent of Title 19, Zoning, of the Azusa Municipal Code. Because the residential use of the Property is an anachronism in light of the 1964 zone change to commercial, there are conditions applicable to the Property that do not generally apply to other properties in the current commercial zone. G. Deferring the Order to Abate the nonconforming residential dwelling and rear dwelling structure and granting a variance for the fence will not be materially detrimental to the public welfare or injurious to the Property or improvements in the zone in which the subject property is located. H. The deferral of the abatement of the nonconforming residential dwelling and rear dwelling structure and the granting of a variance for the fence does not contradict, nor is inconsistent with, the provisions of the Azusa General Plan or the provisions of Title 19, Zoning of the Azusa Municipal Code. SECTION 1. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Azusa does hereby grant the appeal of Rosendo and Emma Torres and overturns the July 9, 1991 Declaration of Public Nuisance and Order to Abate made by the Community Development Department. Accordingly, the City Council of the City of Azusa hereby orders as follows: A. Any proceeding to abate the residential dwelling and the rear dwelling structure be deferred pursuant to Section 17959.4 of the -2- pca/RES829171 0 0 California Health and Safety Code until the Property is sold, transferred or the current residential use is abandoned for a period of greater than six months. However, if further violations of the state housing or building laws or the Azusa Municipal Code are found in the future on this Property, the deferment may, after notice and hearing, be voided. B. A variance is granted for the fence located on the Property from the requirements of Sections 19.44.040 and 11.65.010 of the Azusa Municipal Code. C. The garage may be replaced in good condition and in its original orientation on the Property, subject to the Owners obtaining all necessary permits and that the construction is accomplished in a "workmanlike manner". The Six Hundred Fifty Dollars ($650.00) fee paid by the Owners for this appeal shall be credited to the fees accompanying any required permit for the reconstruction of the garage. D. In the event the property owners do not comply with the foregoing, the City of Azusa may order abatement, after notice and hearing, pursuant to Chapter 15.08 of the Azusa Municipal Code. Said abatement may include civil suit, criminal prosecution and entry onto the Property for physical abatement. SECTION A. The City Clerk shall send a certified copy of this Resolution to Rosendo and Emma Torres, in care of Ruben Torres, at the address shown on the Notice of Appeal filed by said parties, or as set forth in the testimony or evidence at the hearing on appeal. Such mailing shall constitute notice to each party in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 15.08.050 and any action to review this decision of the City Council shall be commenced not later than the ninetieth (90th) day following the adoption of this Resolution. SECTION A. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of _August , 1991. /.i.. / //YL'-�� ATTEST: -3- pca/RES829171 0 0 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 thel9thtlnday of August , 1991, by the following vote of the Council: AYES: COUNCILMEMBERS DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: -4- pca/RES829171