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Resolution - 2008-68RESOL A RESOLUTION OF THE COVINA, CALIFORNIA, DI VARIANCE NO. 08-04 CATEGORICAL EXEMPTION APPLICANT: Anthony & Theresa LOCATION: 1335 W. Crumley S ON NO.2008-68 COUNCIL OF THE CITY OF WEST VARIANCE NO.08-04 WHEREAS, there was filed with this Council a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a variance to allow: The applicant is requesting to deviate from the off-street parking standards. The proposal . is to legalize an existing converted garage for living purposes located in the front yard, On that certain property generally described Assessor's Parcel No. 8469-011 Assessor; and WHEREAS, the Planning Commis of August, 2008 conduct a duly advertised' WHEREAS, the Planning application; and WHEREAS, on September 4, requested by the applicant; and follows: , in the records of the Los Angeles County upon giving the required notice, did on the 261h day c hearing -as -prescribed by law; and did adopt Resolution No. 08-5285 denying the an appeal of the Planning Commission's denial was WHEREAS, the City Council did, on the 7th day of October, 2008, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. The applicant is requesting to deviate from the off-street parking standards. The proposal is to legalize an existing converted garage for living purposes, thereby deviating from covered parking requirements and the number of parking spaces on a single-family property. 2. Appropriate findings for approval o;f a variance are as follows: a. That there are exceptional orl extraordinary circumstances not applicable generally to the other property or class ofjuse in the same vicinity and zone.' b. 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. C. That granting such variance (will not be materially detrimental to the public welfare or injurious to property or improvements in such vicinity and zone in which property is located. d. That granting such variance shall be consistent with the adopted General Plan and any applicable Specific Plans. 3. Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970, this project is a Categorical Exemption, Class 1 (Section 15301: Existing Facilities), since the project consists of an application of a variance regarding an illegal garage conversion. Resolution No. 2008-68 Page 2 of 2 NOW, therefore, the City Council of the City of West Covina does resolve as follows: 1. On basis of evidence presented, both oral and documentary, the City Council makes the following findings: a. The subject property is similar in shape and character to the surrounding properties and is not exceptional. There are no exceptional circumstances related to the size, shape, configuration, or topography of the subject lot that would otherwise constrain the ability of the lot to adhere to the parking requirements of the West Covina Municipal Code. b. The subject property is similar in shape and character to the surrounding properties and is not exceptional. The requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone but which is denied to the property in question. 2. That pursuant to all evidence presented, both oral and documentary, and further based on the findings above, Variance No. 08-04 is denied subject to provisions of the West Covina Municipal Code. APPROVED AND ADOPTED on this 7th day of October 2008. C7 tZ& Mayor S erri Lane A' City Clerk j.aurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting held thereof on the 71h day of October 2008, by the following vote of the City Council: AYES: Herfert, Touhey, Lane NOES: None ABSENT: None ABSTAIN: Hernandez, Sanderson City Clerk APPROVED AS TO FORM: "A, City Attorney Arrr6ld Alvarez-Glasman u,auiic �,airiw�-=.. •.