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HomeMy Public PortalAboutResolution 01-1996 PC" " " RESOLUTION NO. 01- 1996PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING A REQUEST BY TRUNG HUYNH AT 5316 EL MONTE AVENUE FOR A ZONE VARIANCE TO ALLOW THE CONVERSION OF AN EXISTING GARAGE TO A 792 SQUARE FOOT GUEST HOUSE /HOBBY /UTILITY ROOM (INSTEAD OF THE MAXIMUM PERMITTED 640 SQUARE FOOT SIZE FOR A GUEST HOUSE) WITH A 3 FOOT 6 INCH SIDE YARD SETBACK (INSTEAD OF THE REQUIRED 5 FOOT SIDE YARD SETBACK). THE SUBJECT PROPERTY IS LOCATED IN THE SINGLE FAMILY RESIDENTIAL (R -1) ZONE. (ZONE VARIANCE 01 -1474) (HUYNH /MORENO) The P ial II 111 Cvmmi00ivi I of ti is City of Tcr npic Ciiy L1Ll O I lereby 1 VOVI VG. SECTION 1. Based upon a public hearing for the above Zone Variance, the Planning Commission hereby finds: 1. That there are no exceptional and extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property which do not generally apply to other properties in that the subject lot is level in grade and rectangular in shape; the subject lot is 50 -feet wide and 185 -feet deep which is adequate in size to accommodate a guest house without the need for a zoning variance; and 2. That such variance is not 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 the property owner may continue to utilize the property as zoned for a single family residence without the need for a variance; the property owner may construct a bonafide guest house up to 640 square feet in size without the need for a variance; and 3. That the granting of the variance will be materially detrimental to the public welfare or injurious to adjacent or neighboring properties in that the existing 792 square foot structure has been illegally converted without benefit of permits or inspections; as such, the structure poses serious health and safety concerns; and Resolution 01- 1996PC Page 2 Zone Variance 01 -1474 4. That there are no special circumstances as provided in Section 65906 of the California Government Code in that the subject lot is level in grade; rectangular in shape and of a typical size which is large enough to easily accommodate a new guest house without the need for any variance. There is no unusual or unique circumstance, which would justify special consideration in terms of complying with applicable codes. SECTION 2. SECTION 3. Accordingly, Zone Variance 01 -1474 is denied. The Secretary shall certify to the adoption of this Resolution. I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City as its regular meeting held on the 13th of November, 2001, by the following vote: AYES : NOES: ABSENT: Commissioner- Capra, Griffiths, Le Berthon, Seibert, Arrighi Commissioner Commissioner- Secretary • • •