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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. �y 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. C� • 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. IPM 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 - 3 -