HomeMy WebLinkAbout1990 031 CC RESO1990 031 CC RESO (Ìì ¿ RESOLUTION NO.90-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK APPROVING A ZONE VARIANCE TO
ALLOW LESS THAN THE REQUIRED YARD AREA
ADJACENT TO A STREET AND TO ALLOW PARKING
LOCATED WITHIN A REQUIRED YARD AREA ADJACENT
TO A STREET APPLICANT: FRITZ ELHERS;
LOCATION: 4150 PUENTE AVENUE BALDWIN PARK,
CALIFORNIA 91706; CASE NO.: ZV-588).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the city of
Baldwin Park does hereby find and determine as follows:
a) That the owner Applicant") of certain real
property located at 4150 Puente Avenue, more
particularly described in the said application
Application") which is on file in the office of the
Secretary of the Planning Commission of the City
hereinafter Property") heretofore made application
for a zone variance, as hereinafter described; and
b) That the zone variance application seeks
permission to allow less than the required yard area
adjacent to a street and to allow off-street parking
facilities to be located within a required yard area
p- adjacent to a street. Sections 17.24.040.A and
17.34.050.B respectively of the City Code); and
c) That the Planning Commission, on February 28,
1990 conducted a duly noticed public hearing on said
appeal and, based upon the evidence including
applicable staff reports and each member of the
Commission being familiar with the property, denied
the application; and
d) That the Appellant filed a timely appeal from
the decision of the Planning Commission with
reference to the zone variance; and
e) That the City Council conducted a duly
noticed public hearing upon the said matter and
determined that the facts required pursuant to the
provisions of the Baldwin Park Zoning Code for the
granting of a zone variance were present, to wit:
1) That there are exceptional or
extraordinary circumstances or conditions
applicable to the property involved which
do not generally apply to other property
or to the intended use of such property,
in that the location of the existing
building and the size, shape and location
of the lot require the granting of the
zone variance to permit a reasonable usage
on the lot; and
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1990 031 CC RESO (Ìì ¿ Resolution No. 90-31 Page 2 of 3
2) That such variances are necessary
for the preservation and enjoyment of a
substantial property right possessed by
other property similarly situated, but
which is denied to the property in
question, for the reasons above described,
together with the fact that the dedication
made for street purposes contributes to the
necessity and justification for the
granting of the variance; and
3) That the granting of the variance
will not be materially detrimental to the
public welfare or injurious to the
adjacent properties; and
4) That the granting of the
variances will not adversely affect the
General Plan of the City by granting a
variance to a property that does not have
exceptional or extraordinary
circumstances.
SECTION 2. That the zone variance application, as
hereinabove described, be and the same hereby is approved,
subject to the following conditions:
a) That the applicant shall
construct, install and maintain all
buildings and structures on the property
in accordance with the application; and
b) That the applicant shall, comply
with all applicable laws in exercising
rights pursuant to the zone variance
granted hereby.
SECTION 3. That the City Council relied upon the
evidence presented at the public hearing in making the above
findings of facts, and in reaching the conclusion that the zone
variances should be granted.
Section 4. That the City Clerk shall certify to the
adoption of this Resolution and shall forward a copy hereof to
the secretary of the Planning Commission and to the applicant.
APPROVED AND ADOPTED ON MAY 2, 1990.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK)
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1990 031 CC RESO (Ìì ¿ Resolution No. 90-31 Page 3 of 3
I, LINDA L. GAIR, City Clerk of the city of Baldwin
Park, do hereby certify that the foregoing Resolution was duly
and regularly approved and adopted by the City Council of the
City of Baldwin Park at its regular meeting of the City council
on May 2, 1990, by the following vote:
AYES COUNCILMEMBER MCNEILL, GALLEGOS, KEYSER,MAYOR LOWES
NOES COUNCILMEMBER_NONE
ABSENT COUNCILMEMBER NONE
ABSTAIN COUNCILMEMBER IZELL
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