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HomeMy WebLinkAboutORD 441ORD 441ÜÂh£ŸjìÀ—ORDIWWE NO. 441 AN ORDINANCE OF TME CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 8107 TO THE BALDWIN PARK MUNICIPAL CODE, RELATING TO BUILDING REGULATIONS THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 8107 is hereby added to the Baldwin Park Municipal Code, relating to the granting of variances from certain provisions of said Code, establishing building regula' lions, which shall read as follows: 81^7. VARIANCE FROM REGULATIONS, Not- wi thstanding the provisions of Sec^T£!ns 8101 and 8102 of this Code, which have the effect of adopt- ing the Uniform Bui Iding Code, 196U edition by reference^ with certain amendments thereto, ipa the building teguiurions of the City variances fron the provisions thereof, may be granted, n the manner hereinafter prescribed, where practical difficulties, unnecessary hardships or results Inconsistent with the intent and purpose of said building regulations occur by reason of the strict and literal interpretation and application of any of the said provisions to a proposed or existing building or structure* a) GRANTING OF VARIANCE, Before any variance hereunder is approved, the applicant must show to the satisfaction of the City Council the existence of all of the following facts: 1) that there are exceptional or extraordinary circumstances or conditions which apply to the proposed or existing building or structure by reason of its type of construction or proposed usage which do not generally apply to other buildings or structures; and 2) that without the granting of such a variance the proposed or existing building or structure cannot be accommodated by reason of the building regulations imposed by said Code; and 5) that the granting of said variance will not constitute a special privilege and the building or structure will not be structurally inadequate or hazardous and will not constitute a fire hazard; and I+) that the granting of such variance will be consistent with the purpose and intent of the provisions of said Uniform Building Code. b) PROCEDt^RE* A person desiring to obtain a variance from the provisions of the building regulations of thts City shall file a written application therefor with the Director of Building Inspection. Said application shall be upon a form prepared by the Director end shall contain the following Information: 0 the name rnd cddress of the owner of the property or his designated agent; 2) the description end location of the property upon which it is proposed to con- struct the building or structure; BIB] 37949-U01 ORD-U02 441-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31687-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 441ÜÂh£ŸjìÀ—Ordinance No. 441 Page 2 5) a detailed set of plans showing the proposed construction; 4) a statement of how, and in what manner, the proposed or existing building or structure cannot be made to comply with the existing building regulations, and the reasons therefor; 5) such other relevant information as may be required to explain and delineate the nature of, and reason for, the requested variance. Upon receipt of such an application the Director of Building Inspection shall advise the City Clerk thereof, who shall place the matter upon the Council agenda for its next most convenient meeting. The applicant, and any other person requesting the same, shall be given five 5) days written notice of the time and place when said matter will be heard. Said notice shall be by United States Mail, postage prepaid, addressed to such person at his last known address, c) COUNCIL /^CTIQN At the time and place for the hearing upon said variance application, the City Council shall give the applicant, and any other person interested in such matter, a reasonable opportunity to be heard. The applicant shall have the burden of proof to show that all of the facts required by Subparagraph b) hereof are present and apply to his application. Based upon the evidence presented, and any applicable staff reports submitted, the City Council shall approve, conditionally approve, or den^- such application. If the Council finds such facts are present, it shall approve the variance. Such approval may be conditioned so as to render the construction or reconstruction consistent with the purpose of the said building regulations, and compatible with adjacent and surrounding uses. If such facts are found not to exist the application shall be denied. The City Council may continue the hearing from time to time as may be necessary, at its discretion. The action of the Council shall be, by resolution, and shall be final and conclusive." SECTION 2. That this ordinance is declared to be an urgency ordinance and shall take effect immediately, A statement of facts constituting its urgency is as follows: a) That the public interest requires a variance procedure to alleviate certain hardships caused by the literal enforcement of the Building regulations of the City; and b) That requests for minor variations have been made which cannot be granted without the immediate adoption of this ordinance; and c) That the public interest, convenience and necessity requires the immediate adoption of this ordinance. SECTION 3, That the City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. PASSED and APPROVED this 2nd day of March______, 1966. vory D. pptes. Mayor ATTES3^/^ X? ///? /i^^Z^L^ /< fc^<L^^—^ Thelma L. Balkus. City C I erk BIB] 37949-U01 ORD-U02 441-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31687-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 441ÜÂh£ŸjìÀ—ORDINANCE NO, 441 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK 1» THELMA L* 8ALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 441 was regularly introduced and placed upon its first reading at a_ regular meeting of the City Council on the I6th day of February______, 19 66 That, thereafter, said Ordinance was duly adopted and passed at a_____________ meeting of the City Council on the 2nd___day of March________» 19 66 by the following volei AY ES: COUNC I U^ EN GREGORY^ MOREHEAD, A^CCARON AND MAYOR CRITES NOES: COWC I LMEN NONE________________________________ ABSENT; COUNC I U^EN ADAI.R_______________________________ TS^^-^ Thelma L< Balkus, City Clerk BIB] 37949-U01 ORD-U02 441-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31687-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04