HomeMy WebLinkAbout2008 017 CC RESO2008 017 CC RESO HÄ—@¸— D ÓÍ«RESOLUTION 2008-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING THE FINDINGS OF FACT
DENYING A ZONE VARIANCE APPLICANT: VICTOR
SALAIZA; LOCATION: 1741 BIG DALTON AVENUE; CASE
NO.: ZV-700).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, a zone variance application seeking less than the minimum side and
rear yard setback for an accessory structure to a single-family residence located at
1741 Big Dalton Avenue within the FC, Freeway Commercial Zone was submitted on
behalf of Victor Salaiza, in the City of Baldwin Park described more particularly in the
application on file with the Planning Division of the City of Baldwin Park.
WHEREAS, on October 24, 2007, the Planning Commission held a duly noticed
public hearing and voted to deny ZV-700.
WHEREAS, the Applicant, Victor Salaiza filed a timely appeal of the Planning
Commission decision to the City Council; and
WHEREAS, a duly noticed public hearing was held on said appeal by the City
Council on March 5, 2008.
NOW THEREFORE THE CITY CDOUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings of Fact. Based upon the evidence presented,
including including applicable staff reports and each member of the City Council being
familiar with the property, it is hereby determined that the Applicant has not shown that
the zone variance should be approved.
SECTION 2. That the City Council does hereby adopt the following
Findings of Fact applicable to the zone variance:
1. 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:
a) The property is a through lot with frontage along
Dalewood Street and Big Dalton Avenue and is
comparable to several residential lots in the
surrounding neighborhood.
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2008 017 CC RESO HÄ—@¸— D ÓÍ«Resolution 2008-017
Page 2
b) That failure to satisfy minimum requirements
established by the Municipal Code does not constitute
an exceptional or extraordinary circumstance.
2. 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:
a) Other properties with similar physical characteristics
are subject to the same requirements for the
construction of an accessory structure.
b) The physical characteristics of the property do not
deny use of the property in accordance with the
limitations and regulations set forth in the Municipal
Code and policies and intent of the General Plan.
c) The inability to maintain a covered recreational vehicle
storage area and open storage area at the present
location does not classify a hardship in terms of the
possession of property rights.
3. That the granting of the variance may be materially detrimental
to the public welfare or injurious to the adjacent property by
establishing a precedence for approval of similar unsubstantiated
variance requests which would render the standards of the
Municipal Code insignificant; and
4. That the granting of the variance will adversely affect the
General Plan of the City of Baldwin Park by establishing a
precedence where similar requests would lead to substantial
reductions in the setbacks for accessory structures on properties
with a residential use.
SECTION 3. That the City Council relied upon the administrative record
and the evidence presented at the public hearing, in making the Findings of Fact and in
reaching the conclusion that the denial should be upheld.
SECTION 4. The City Clerk shall certify the adoption of this Resolution
and forward a copy thereof to the Secretary of the Planning Commission and the
Applicant.
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2008 017 CC RESO HÄ—@¸— D ÓÍ«Resolution 2008-017
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PASSED AND APPROVED this 5th day of N}erych, 2008.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF BALDWIN PARK
I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby
certify that the foregoing Resolution No. 2008-017 was duly and regularly approved and
adopted by the City Council a regular meeting thereof, held on the 5th day of March,
2008 by the following vote:
AYES: COUNCIL MEMBERS: Marlen Garcia, Ricardo Pacheco, Mayor Pro
Tern Anthony J. Bejarano, and Mayor Manuel
Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: Monica Garcia
V RA
EPUTY
M. NIETO
CITY CLERK
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