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HomeMy WebLinkAbout1992 093 CC RESO1992 093 CC RESO(퓼H RESOLUTION NO. 92-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING A ZONE VARIANCE TO PERMIT A WROUGHT IRON FENCE WITHIN THE FRONT AND STREET SIDE YARD AREAS OF A CM COMMERCIAL MANUFACTURING) ZONED PROPERTY. APPLICANT: FRITZ EHLERS; LOCATION: 4150 PUENTE AVENUE, BALDWIN PARK, CALIFORNIA 91706; CASE NO.: ZV-602.) 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, determine and declare 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 Application seeks permission to allow the construction of a wrought iron fence six 6) feet in height within the front and street side yard areas of a CM Commercial Manufacturing) zoned property Section 17.46.050.A of the City Code); and c) That the Planning Commission, on August 26, 1992, conducted a duly noticed public hearing on said Application, and based upon the evidence, including applicable staff reports and each member of the Commission being familiar with the property, voted to deny the Application; and d) That the Appellant, Fritz Ehlers, filed a timely appeal of the Planning Commission's decision to the City Council; and e) That a duly noticed public hearing was held on said Application by the City Council on October 7, 1992, and based upon the evidence presented including applicable staff reports and each member of the City Council being familiar with the Property, it was determined that the facts required pursuant to the provisions of the Baldwin Park Zoning Code for the granting of such Application are not present and that the zone variance should be denied. SECTION 2. That the City Council does hereby adopt the following Findings of Fact. a) That there are no exceptional or extraordinary circumstances or conditions applicable to the Property involved which do not generally apply to other property in the same zone, in that while the property is unusually shape, there is nothing inherent in this shape creating a hardship which requires the construction of a six 6) foot high fence within the front and street side yard area; and b) That such variance is not necessary for the preservation and enjoyment of a substantial property right BIB] 37650-U01 1992-U02 093-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1776-U03 DO1812-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 92-93-U05 OCT-U05 7-U05 1992-U05 1992 093 CC RESO(퓼H Resolution No. 92-93 Page 2 of 2 possessed by other property similarly situated but which is denied to the Property in question, because all other C" and I" zoned properties within the City are also prevented from constructing a fence within the required front yard or street side yard area; and c) That the granting of the variance will be materially detrimental to the public welfare or injurious to the adjacent properties, as it would set a precedent for approval of similar unsubstantiated variance requests, and the proliferation of high fences within required front a street side yard areas will communicate a negative barred in" image and unattractive character for the City; and d) That the granting of the variance will not adversely affect the General Plan of the City of Baldwin Park per se, but in that it could set a precedent for the construction of similar fences, the image and character of the City could ultimately be negatively impacted. SECTION 3. That the zone variance Application, as herein above described, be and the same hereby is denied. SECTION 4. That the City Council relied upon the Administrative Record, and the evidence presented at the public hearing in making the above Findings of Fact, and in reaching the conclusion that the Permit should be denied. SECTION 5. 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 this October 7, 1992. MAYOR ATTEST LINDA L. GAIR, CITY CLERK STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK) 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 October 7, 1991, by the following vote: AYES COUNCILMEMBERS GALLEGOS, MARTINEZ, MCNEILL, MAYOR VARGAS NOES COUNCILMEMBERS NONE ABSENT C0UNCILMEMBER IZELL ABSTAIN: C0UNCILMEMBER NONE BIB] 37650-U01 1992-U02 093-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1776-U03 DO1812-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 92-93-U05 OCT-U05 7-U05 1992-U05