Resolution - 5828RESOLUTION NO. 5828
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DENYING
• APPROVAL OF PRECISE PLAN NO. 723 AND
VARIANCE NO. 782. (Tasos Andrianos)
THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES
HEREBY RESOLVE AS FOLLOWS:
WHEREAS, there was filed with the Planning Commission
verified applications on forms prescribed in Sections 10502 and
10504 of the West Covina Municipal Code requesting approval of
a precise plan of design and a variance from certain standards
of.the Zoning Ordinance on that certain property generally
described as follows:
0.24 acre portion of Lots 167 and 168
of E. J. Baldwin's Fourth Subdivision,
M.B. 8 - 186; and
WHEREAS, the Planning Commission, upon giving required
notice did on the 15th day of November, 1978, conduct a duly
advertised public hearing as prescribed by law to consider said
application; and
WHEREAS, studies and investigations made by the
Commission and in its behalf revealed the following facts:
1. The applicants requested approval of a precise
• plan of design for.a one-story, 2,250 square
foot office building on a 10,500 square foot
portion of land in the Regional Commercial Zone
at the location described above.
2. The applicants also requested approval of a
variance from various development standards of
the Municipal Code to permit the elimination
of front and rear setback requirements.
3. The plan as designed met or exceeded all devel-
opment standards of the Regional Commercial
Zone except where modified by variance.
4. In reviewing the precise plan, it had been found
that:
a) consideration had been given and restrictions
imposed to the extent necessary to permit the
same degree of enjoyment of the subject prop-
erty, but subject to the same degree of pro-
tection of adjoining properties, as would be
accorded in normal circumstances by the stand-
ard restrictions imposed by the Municipal Code.
• b) the plan would not depreciate property values
in the vicinity or interfere with the use of
enjoyment of property in the vicinity or en-
danger the public peace, health, safety or
general welfare.
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5. In reviewing the variance it has been found that:
a) the existing condition of a lot depth from
35 to 40 feet has created an unusual and
difficult site to develop..
b) the applicant felt that the variance was
• necessary in order to develop the parcel
in a manner commensurate with other similar
or proposed development in the vicinity.
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•
c) the granting of a variance will not be detri-
mental to public welfare or injurious to
.property within the vicinity.
6. The approved variance and precise plan were inter-
related, for the approval of one without the other
would not permit construction of the proposed devel-
opment. Consistency with the General and Specific
Plans is a basic requirement for all zoning issues.
Since the project did not conform to the General Plan,
as it relates to the required street dedication, both
the precise plan and variance must be disapproved.
WHEREAS, the Planning Commission at its meeting of
November 15, 1978, adopted Resolution No. 11-78-2911 DENYING
the required Variance No. 782 and approval of Precise Plan
No. 723; and
WHEREAS, the applicant appealed said decision to the
City Council; and
WHEREAS, the City Council upon giving the required
notice did on the llth.day of December, 1978, conduct a duly
advertised public hearing as prescribed by law to consider said
appeal; and
WHEREAS, after reviewing all the data, information,
reports, and studies pertaining to Precise Plan application
No. 72.3 and Variance application No. 782, the City Council finds
the following facts:
1. The principal issue
rests is the City's
Plan of Streets.
2.. Said documents call
the widening of West
applicant.
upon which the Council decision
adopted General Plan and Master
for a 15-foot dedication for
Covina Parkway be made by the
3. The Precise Plan and Variance, if approved, would not
provide said dedication and, is therefore, inconsistent
with the City's adopted General Plan and Master Plan of
Streets.
4. Because an inconsistency exists between the applicant's
request and the City's adopted General Plan and Master
Plan of Streets, the appeal must be DENIED and the
decision of the Planning Commission reaffirmed.
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NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the City Council of the City of
West Covina, based on the findings set forth above, does hereby
DENY approval of Variance No. 782 and Precise Plan No. 723.
• SECTION 2. The City Clerk shall certify to the
adoption of this resolution and shall transmit a certified copy
thereof to the applicant.
APPROVED AND ADOPTED this llth day of December, 1978.
Mayor
ATTEST:
I HEREBY CERTIFY that the foregoing Resolution No. 5828,
was duly adopted by,the City Council of the City of West Covina
at a regular meeting thereof held on the llth day of December,
1978, by the following vote of Council.:
• AYES: Councilmen: Miller, Shearer, Browne, Chappell, Tice.
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
City Attorney
City Clerk
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