The URL can be used to link to this page

Home My Public Portal About97-009 (01-04-97)RESOLUTION NO. 97-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A VARIANCE REQUEST (CASE NO. VAR 36) TO REDUCE THE REQUIRED REAR YARD OF UNIT FOUR FROM TWENTY (20') FEET TO ZERO (0')FEET, TO REDUCE THE NORTH SIDE YARD SETBACK FROM FIVE (5') FEET TO THREE (3') FEET, TO REDUCE THE DISTANCE BETWEEN BUILDINGS FROM TEN (10') FEET TO EIGHT (8') FEET, ' AND TO REDUCE REQUIRED PARKING FROM EIGHT (8) SPACES TO FIVE (5) SPACES IN ORDER TO APPROVE AN EXISTING ONE STORY, TWO BEDROOM, DWELLING UNIT AT 11832-36 1/2 WILSON AVENUE, THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA. WHEREAS, the City Council of the City of Lynwood, pursuant to law, held a public hearing on the appeal of the Planning Commission denial of the subject application; and WHEREAS, the City Council has carefully considered all pertinent testimony offered at the public hearing; and WHEREAS, the project is consistent with the intent of the General Plan in that the subject site is designated as Town House and Cluster Housing; and WHEREAS, the Community Development Director has determined that the proposal is exempt from provisions of the California Environmental Quality Act, pursuant to CEQA Guidelines, Section 15061b (3); therefore , Section 1. The City Council of the City of Lynwood hereby finds and determines as follows: A. The strict or literal interpretation and enforcement of the specific zoning regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the City Zoning Ordinance. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. C. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. D. That the granting of the Variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the same zone. E. That the granting of the Variance will not be ' detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. F. That the granting of the Variance will not adversely affect the orderly development of the City. h:~resolutn\2566cc 1 Section 2. TheCity Council of the City of Lynwood, based upon the aforementioned findings and the determinations, hereby grants the appeal of the property owner and approves Variance Case No. VAR 36 subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Uniform Fire Code. 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to Director of the Community Development for review and approval. 3. The applicant shall meet the requirements of all other City Departments. 4. The applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this approval prior to issuance of any building permits. PLANNING DIVISION 5. The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of a mail box serving the proposed development. 6. Landscaping areas are to be a minimum of twenty-five (25%) percent of the lot area. 7. Landscaping and irrigation shall be installed in accordance with a detailed plan to be submitted and approved by the Director of Community Development prior to issuance of any building permits. 8. The minimum plant material shall be trees and shrubs combined with ground cover as follows: One (1) five (5) gallon shrub for each 100 square feet of landscape area; and two (2) fifteen (15) gallon trees for each 500 square feet of landscaped area. 9. The required front, rear, and side yards shall be landscaped pursuant to Condition No. 8 except for necessary walks, drives and fences. lo. No side yard shall be less then five (5') feet, unless approved under a variance request. 11. Acoustical construction materials must be used throughout the unit to mitigate freeway noise to the standards and satisfaction of the Building and Safety Division. 12. Before any building permits shall be issued, the developer shall pay $1.84 per square foot for residential buildings to the Lynwood Unified School District, pursuant to Government Code Section 53080. 13. A minimum five (5) parking spaces shall be provided for the proposed development. 14. All driveway and parking areas shall be paved. 15. Any construction shall commence within six (6) months from date of issuance of building permits. h : \reso W tn\2566cc 2 16. Prior to the installation or cbnstruction of any masonry wall, the property owner shall obtain a permit for and submit the following information to the Planning Division: a. Simple plot plan showing the location of the masonry wall in relation to property lines, lengths, proposed materials, and openings or gates to provide access for vehicles and pedestrians. b. For masonry walls (as defined in subsection 25-2.1) a building permit shall be applied for in addition to the plot plan described above. All masonry walls of any ~ height shall meet the requirements for masonry construction as defined in Chapter 24 of the Unified Building code. A fee based on the valuation of the proposed construction shall be paid to the Building Department. c. All masonry walls shall be required to maintain adequate pedestrian access for the purpose of safety and convenience. A thirty-six (36) inch or three (3) foot clear gate or opening shall be provided to all enclosures for pedestrian and wheelchair access. Pedestrian and vehicular access shall be provided separately. d. Al1 masonry walls be required to be installed with a finished, aesthetically pleasing side facing out toward adjacent properties or the public right-of-way. 17. The roof for any new residential structure shall be constructed with a non-reflective material either concrete tile or clay tile. 18. The residential structure shall have an exterior siding of brick, stucco, wood, metal, concrete, or other similar material other than the reflective, glossy, polished and/or , roof-formed type metal siding. 19. All front yard setbacks must be measured from inside the street dedications. 20. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent buildings. In addition, no security fences, grills etc. shall be installed without the prior written approval of the Director of Community Development. 21. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard or street side yard or corner lot. Such equipment shall be screened from surrounding properties and streets and operated in accordance with the City's Noise Ordinance. 22. The owner of the site shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and any accessory building, on a daily basis. 23. A cover sheet of approved Conditions must be attached to ~ plans prior to submission to the Building and Safety Division. 24. The existing property shall be cleaned and maintained in sanitary condition pending construction and shall be maintained in a neat and orderly manner at all times. Failure to comply may result in revocation of the approved Variance. 3 25. For the purpose of providing heating for any dwelling proposed, only an energy efficient forced air furnace shall be used, and that the use of any wall furnace shall be expressly prohibited. PUBLIC WORK/ENGINEERING DEPARTMENT The Public Works and Engineering Department has found no cause to establish conditions for this request at this time. FIRE DEPARTMENT The Fire Department has found no cause to establish conditions for this request at this tine. Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED and ADOPTED this 4th day of Janudry , 1997, by members of the City Council voting as follows: AYES: COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES: NONE ABSENT: NONE ABSTAIN: NONE C PAUL RICHARDS, MAYOR APPROVED AS TO CONTENT: ~~9~Y~W~C-~- %1 r Pt'6'6t~-I~ ANDREA HOOPER CITY CLERK APPROVED AS TO FORM: '~:u..~..:. B, i2.,d.,,~. WILLIAM RUDELL CITY ATTORNEY STATE OF CALIFORNIA ) ) 4 COUNTY OF LOS AN6ELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 97-9 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 5th day of January, 1997. f:\resolutn\2566cc C~~'~~ ~. ~~4~~~~ City Clerk 4