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HomeMy WebLinkAboutORD 444ORD 444ÜÂh£ŸjìÀ¡ORDINANCE NO. 444 AN ORDINANCE GF"^f: CITY COUNCIL OF THE CITY OF BALDWIN PARK ADDING SECTION 8*07 TO THE BALDWIN PARK MUNICIPAL CODE, RE- LATING TO BUILDING REGULATIONS AND DE- CLARING THIS ORDINANCE TO BE:Afrh URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION I. Thai- Section SlQ? is hereby added to the Baldwin Park Municipal Code, relating to the granting of variances from certain provisions of said Code, establishing building regula- tions, which shall read as follows: 8107. VARIANCE FROM REGULATIONS, Not- withstanding the provisions of Sections 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, 6A the bunding regulations of the Ctty varlanefis fron the provisions thereof, may be granted, in 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 appiication 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 1+) that the granting of such variance will be consistent with the purpose and intent of the provisions of said Uniform Building Cod^. b) PROCEDURE, A person desiring to obtain a variance from the provisions of the building regulations of this City shall file a written application therefor with the Director of Building Inspection, Said application shall be upon a form prepared by the Director and shall contain the following information: 1) the name end address of ho owner of the property or his designated agent; 2) the description and location of the property upon which It Is proposed to con- struct the building or structure; BIB] 37949-U01 ORD-U02 444-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31690-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 444ÜÂh£ŸjìÀ¡Ordinance No. Page 2 5) a detailed set- of plans showing the proposed construction; Z4.) 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 advtse 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 sane, 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 ACTION* 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 deny such application. If the Council finds such facts are present, it shall approve the variance. Such approval may 6e-conditioned so aa to render the construction or reconstruction conststeot with the purpose of the eaid building regulations, and compatible with ftdjecenf and sorrounding uses*. If &uch facts are found not to x5st the application shot I be denied* The City Council may continue the hearing from time to tine OB mey too necessary, at fta dt®oratloft» The action of the Council shall be, by resolution, and shall be final and conclusive*" SECTION 2, That this ordinance is declared to b® on urgency ordinance and shall take effect immediately, A statement of facts consituting 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 end necessity requires the immediate adoption of this ordinance* SECTION 5. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by taw, PASSED and APPRO\€D this 16th day of February_____^ 1966. 5—^—^L-^ tes. Mayor thelma L. Balkus, City Clerk BIB] 37949-U01 ORD-U02 444-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31690-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04 ORD 444ÜÂh£ŸjìÀ¡Ordinance No. 444 Page 5 STATE OF CALIFORNIA I COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 444 was duly adopted and passed at a regular meeting of the City Council on the 16th day of February, 1966, by the following vote: AYES: NOES: COUNC I UU€N J^CARON, MOREHEAD. ADAiR AND MAYOR CRITES COUNCILMEN NONE ABSENT: COUNCILHEH GREGORY BIB] 37949-U01 ORD-U02 444-U02 LI2-U03 FO31549-U03 FO31683-U03 DO31690-U03 C5-U03 ORDINANCES-U03 11/24/2003-U04 ROBIN-U04