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HomeMy WebLinkAbout2008 017 CC RESO2008 017 CC RESOHÄ—@¸—DÓÍ«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. BIB] 39597-U01 2008-U02 017-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO117542-U03 C6-U03 RESO-U03 5/28/2008-U04 ROBIN-U04 2008 017 CC RESOHÄ—@¸—DÓÍ«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. BIB] 39597-U01 2008-U02 017-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO117542-U03 C6-U03 RESO-U03 5/28/2008-U04 ROBIN-U04 2008 017 CC RESOHÄ—@¸—DÓÍ«Resolution 2008-017 Page 3 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 BIB] 39597-U01 2008-U02 017-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO112453-U03 DO117542-U03 C6-U03 RESO-U03 5/28/2008-U04 ROBIN-U04