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HomeMy Public PortalAboutResolution 88-1451 PC" " " RESOLUTION NO. 88- 1451PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING ZONE VARIANCE 88 -947 A REQUEST BY J. GORMAN TO ALLOW A FIVE AND ONE -HALF (5 -1/2) FOOT REAR YARD SETBACK IN LIEU OF THE FIFTEEN (15) FEET REQUIRED BY CODE FOR AN ATTACHED PATIO COVER AT 10544 DANBURY STREET. The Planning Commission of the City of Temple City does hereby resolve: Section 1. Based upon a public hearing for the above Zone Variance, the Planning Commission finds: 1. That there are exceptional and extraordinary circum- stances or conditions applicable to the property involved or to the intended use of such property which do not generally apply to other properties in the same zone in that the subject lot is significantly substandard in lot area having only 4,610 square feet which precludes the applicant from constructing an attached patio cover without variance; and 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question in that attached patio covers that meet Zoning Code requirements for set back are prevalent on R -1 Zone lots having adequate lot area; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to adja- cent property in that the proposed five and one /half (5 -1/2) foot setback to rear property line provides adequate separation between the proposed open patio cover and structures on the adjacent property to the south; and 4. That there are special circumstances as provided in Section 65906 of the California Government Code. Section 2. The project is categorically exempt from environmental review in accordance with Section 15305(a) of the State CEQA Guidelines. " " Resolution 88- 1451PC Page 2 Zone Variance 88 -947 Section 3. Accordingly, Zone Variance 88 -947 is approved subject to the following conditions: 1. That the proposed aluminum patio cover shall be con- structed as shown on plans date stamped August 15, 1988. 2. That all required permits shall be obtained prior to the construction of the patio cover. 3. That the variance shall become null and void unless building permits are obtained for the patio cover construction within six (6) months of this approval. 4. That the proposed five and one -half (5 -1/2) foot set back shall be clear ground to sky with no eave en- croachment. Section 4. The Secretary shall certify to the adoption of this Resolution. I certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City on the 27th day of September 1988, by the following vote: AYES: NOES: ABSENT: Commissioners Budds, Coolman, Griffiths, Chairman Seibert Commissioner Muto 0411 idv -^j Secretary