Resolution - 8090RESOLUTION NO.8090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE
NO. 883 (J. L. Holmes)
The City Council of the City of West Covina, California,
does resolve as follows:
WHEREAS, there was filed with the City of West Covina,
certified applications on the forms prescribed in Chapter 26,
• Article VI of the West Covina Municipal Code for the
physical development of that certain property described as follows:
Lot 45, Tract No. 33656; and
WHEREAS, this variance is categorically exempt, Class 5,
from the requirements of CEQA as a minor alteration of a side yard
setback regulation which does not result in any changes in land use
or density; and
WHEREAS, hearings on said application were duly noticed
and conducted by the Planning Commission on December 3, 1986,
January 21, 1987, May 6, 1987, and August 5, 1987, at which time
said application was denied; and
WHEREAS, the action of the Planning Commission was
appealed to the August 24, 1987, City Council meeting for hearing
and consideration; and
WHEREAS, after proper and legal notice the City Council
held hearings on said Planning Commission action on August 24, 1987;
and
WHEREAS, the applicant presented sufficient evidence
related to the case to show the following necessary findings for a
variance have been met:
a. There are exceptional circumstances not applicable
generally to other property in the same vicinity and zone,
in that 40 percent of the subject site is rendered
unbuildable due to a downward slope on the rear of the
lot.
b. This variance is necessary for the enjoyment of the
property right possessed by others in the same vicinity
and zone to place accessory structures in an orderly and
uncrowded manner, and to complement the architectural
theme of the residential structure.
C. Granting of a variance that has been found to be necessary
for the enjoyment of property rights enjoyed by others and
has exceptional circumstances to warrant the variance will
• not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity
and zone in which the subject property is located.
d. zoning regulations are implemental tools of the General
Plan. Approval of a variance found to be necessary,
warranted by exceptional circumstances and found not to be
detrimental through a public hearing as prescribed by the
zoning regulations implements the General Plan.
Therefore, the granting of the variance does not adversely
affect the General Plan.
•
NOW, THEREFORE, BE IT RESOLVED, that the findings and
decision in Planning Commission Resolution No. 8-87-3559 be set
aside and the City Council does hereby APPROVE the requested
variance subject to the following conditions, the violation of any
one (1) of which shall be grounds for revocation of variance by the
Planning Commission or City Council:
1. Placement of the gazebo shall comply with Study Plan "A"
dated December 3, 1986.
2. The gazebo depicted on Study Plan "A" shall be the only
structure to encroach into the required ten -foot side
yard.
FINALLY RESOLVED, that the City Clerk shall certify to the
adoption of this Resolution.,
ATTEST:
ADOPTED AND APPROVED this 24th day of August, 1987.
City Clerk
I, hereby certify that the foregoing Resolution was duly
adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on the 24th day of August, 1987,
by the following vote: .
AYES: Councilmembers: Tennant, Manners, Chappell
NOES: Councilmember: Shearer
ABSENT: Councilmember: Bacon
APPROVED AS TO FORM:
City Attorney
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City Clerk