PC - 1993-22 - Denying zone variance 93-253 for property 9117 GarveyPC RESOLUTION 93-22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ROSEMEAD DENYING ZONE
VARIANCE 937253 FOR PROPERTY LOCATED AT
9117 E. GARVEY AVENUE, ROSEMEAD.
THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The Planning Commission does hereby find
and determine that an application was filed by David Shewmake and
Eugene Kreslake to construct and operate a spray paint booth closer
than the minimum distance of 200 feet from adjacent residential use
for property located at:
9117 E. Garvey Avenue,
and that a public hearing was duly scheduled for April 19, 1993, at
7:00 p.m. in the Council Chambers of the Rosemead City Hall, 8838
Valley Boulevard, Rosemead, California; and that notice of the time,
date, place and purpose of the aforesaid hearing was duly given; and
that a public 'hearing was duly held at the aforementioned time and
place.
Section 2. The Planning Commission further finds that
facts do not exist based upon Section 9171, et seq, of the Rosemead
Zoning Code, justifying the granting of a zone variance.
Section 3. The Planning commission further finds:
1. That the applicant has not sustained his burden of
proof that the variance will not constitute a grant of
special privilege inconsistent with the limitations
upon other properties in the M-1 zone in which the
subject property is situated.
2. That such variance will be materially detrimental to
the public health or welfare or injurious to the
property or improvements in such zone or vicinity in
which the property is located.
3. That the applicant failed to show any special
circumstances applicable to subject property, including
size, shape, topography, location or surroundings that
would justify variance from the strict application of
the zoning ordinance.
4. The subject property is not deprived of privileges
enjoyed by other properties in the vicinity and under
identical zone classification.
5. That the proposed project is not consistent with the
goals, objectives, and policies contained in the
Rosemead General Plan.
Section 4. Based on the aforementioned findings, the
Planning Commission hereby denies the zone variance with respect to
the property described in Section 1.
Section 5. This action shall become final and
effective ten (10) days after this decision by the Planning
commission unless within such time, a written appeal is filed with
the. City Clerk for consideration by the City Council as provided in
the Zoning Ordinance.
PC Resolution 93-22
page 2.
Section 6. This resolution is the result of an action
taken by the Planning Commission on April 19, 1993, by the following
vote:
YES: Lowrey, Ruiz, Ortiz
NO: Young, Breen
ABSENT: None
ABSTAIN: None
ADOPTED this 3rd day of May, 1993.
g' f~~2
ROBERT L. YOUNG, CHAIRMAN
Resolution 93-22
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution
adopted by the Planning Commission of the City of Rosemead at its
regular meeting, held on the 3rd day of May, 1993, by the following
vote:
YES: Lowrey, Ruiz, Young, Breen, Ortiz
NO: None
ABSENT: None
ABSTAIN: None
r