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Home My WebLink About1997 029 CC RESO1997 029 CC RESO(Ìì·( RESOLUTION 97-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY ZV- 634, A REQUEST TO ALLOW A REDUCTION IN THE MINIMUM REQUIRED PRIVATE OPEN SPACE AREA FOR A PROPERTY IN THE R-1 ZONE. WHEREAS, an application for a zone variance ZV-634) was submitted by Alfredo Rodriguez, on behalf of Otoniel Solis, the property owner at 3749 Grace Avenue, in the City of Baldwin Park, described more particularly in the application on file with the Planning Division; and WHEREAS, the application is to allow a reduction in the minimum required private open space area for a property in the R-1 zone, pursuant to Section 153.053. F. 1 of the City's Zoning Code; and WHEREAS, on January 22,1997, the Planning Commission held a duly noticed public hearing and voted to deny this application; and WHEREAS, Alfredo Rodriguez filed a timely appeal of the Planning Commission's decision to the City Council; and WHEREAS, a duly noticed public hearing on said appeal was held by the City Council on May 21, 1997; and HOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings of Fact applicable to all zone variances. Based upon the evidence presented, including applicable staff reports and each member of the City Council being familiar with the property, it is hereby determined that the applicant has failed to show, that the proposal meets all of the Findings of Fact applicable to all zone variances. A. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved which do not generally apply to other in the same zone, as evidenced by: i) the property is rectangular in shape and flat in topography, and is comparable to the majority of lots in the surrounding neighborhood and in the City as a whole; and ii) that failure to satisfy minimum requirements established by the Municipal Code does not constitute an exceptional or extraordinary circumstance. B. That such a variance is not 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, as evidenced by: i) other properties with similar physical characteristics are subject to the same requirements; and ii) inability to maintain a covered patio at the present location does not represent a hardship in terms of the possession of property rights; and BIB] 37650-U01 1997-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1333-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-29-U05 MAY-U05 21-U05 1997-U05 1997 029 CC RESO(Ìì·(Resolution No.97- 29 Page2 of3 iii) the physical characteristics of the property do not deny use of the property in accordance. with the limitations and regulation set forth in the Municipal Code and policies and intent of the General Plan. C. That the granting of the variance may be materially detrimental to the public welfare or injurious to the adjacent property by establishing a precedent for approval of other similar unsubstantiated variance requests which would render the standards of the Municipal Code insignificant. D. That the granting of the variance will adversely affect the General Plan of the City of Baldwin Park by establishing a precedent where similar requests would lead to substantial reductions in the amount of private open space area on single-family residential properties. SECTION 2. That the City Council relied upon the Administrative Records and the evidence presented at the public hearing, in making the Findings of Fact and in reaching the conclusion that the appeal should be denied. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall forward[ward a copy hereof the Planning Division and to the applicant. APPROVED AND ADOPTED on May 21,1997. ATTEST: MAYOR LINDA GAIR, CITY CLERK BIB] 37650-U01 1997-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1333-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-29-U05 MAY-U05 21-U05 1997-U05 1997 029 CC RESO(Ìì·(Resolution No.97- Page 3 of 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES)SS. CITY OF BALDWIN PARK LINDA L. GAIR, City Clerk of the 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 a regular meeting of the City Council on May 21 1997, by the following vote: AYES: COUNCIL MEMBERS M[MUSE, VAN CLEAVE, LOZANO, AND MAYOR LOWES NOES: COUNCIL MEMBERS NONE ABSTAIN: COUNCIL MEMBERS NONE ABSENT: COUNCIL MEMBERS NONE LINDA L. GAIR CITY CLERK BIB] 37650-U01 1997-U02 029-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1275-U03 DO1333-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 97-29-U05 MAY-U05 21-U05 1997-U05