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Resolution - 8138• u RESOLUTION NO. 8138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE NO. 887. (Jack Mazmanian) • WHEREAS, there were filed with the City of West Covina, verified applications on forms prescribed in Chapter 26, Article VI, • of the West Covina Municipal Code, requiring approval of a variance relating to the construction of an office professional on that certain property generally described as follows: That 0.43-acre portion of the northerly 250 feet of Lot 72 of Tract No. 930, shown on map recorded in Book 17, Pages 38 and 39 of Maps, in the Office of the Los Angeles County Recorder; and WHEREAS, hearings on said application were duly noticed and conducted by the Planning Commission on September 2, 1987, and October 21, 1987, at which time the application was denied; and WHEREAS, the action of the Planning Commission was appealed by the applicant after proper legal notice to the November 9, 1987, City Council meeting for hearing and consideration which hearing was continued to the City Council meetings of November 23, 1987, December 21, 1987, and January 11, 1988, for further hearing and consideration; and WHEREAS, the oral and documentary evidence considered in connection with the application reveal the following facts: 1. The applicant is requesting a variance to allow a reduction of the minimum lot depth requirement in the Office -Professional (O-P) Zone from 140 feet to 92 feet. 2. Applications for Zone Change No. 604 and Variance No. 887 were filed in conjunction with Precise Plan No. 783, Revision 1. WHEREAS, the findings necessary for approval of a variance are as follows: 1. That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right • possessed by other property in the same vicinity and zone, but which is denied to the property in question. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. • 4. That the granting of such variance will not adversely affect the comprehensive General Plan. WHEREAS, based on the oral and documentary evidence presented at the hearing, the City Council makes the following findings: Page 2 1. Exceptional circumstances exist in that the parcel was created by the State redesign of the freeway, resulting in an unusual lot configuration and fixed boundaries that cannot be expanded. With the lot • exceeding the minimum site size, the project was designed to meet the regulations of the Freeway Corridor Overlay and underlying zone. 2. The requested variance is necessary to allow the lot to be used in a manner commensurate and consistent with development on other lots in the vicinity of the freeway. 3. The minor decrease in lot depth will not prevent the project from meeting the standards and goals of the Freeway Corridor Overlay Zone, and will not be materially detrimental to the public welfare or injurious to property and improvements in the vicinity. 4. A variance that supports a project found to be consistent with the General Plan will not adversely affect the General Plan. NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: ATTEST: • 1. Based on the oral and documentary evidence presented, as well as the findings set forth above, the City Council of West Covina approves Variance No. 887, subject to compliance with the conditions required and set forth in Precise Plan No. 783, Revision 1. 2. A Negative Declaration of Environmental Impact has been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended. 3. That the City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 11th day of January, 1988 City Clerk u Page 3 • • • U 0 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 llth day of January , 1988. AYES: Councilmember: Bacon, Shearer, Planners, Chappell NOES: Councilmember: Tennant ABSENT: Councilmember: None APPROVED AS TO FORM: City Attorney &✓&7d ate/ City Clerk