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HomeMy Public PortalAbout9AAGENDA ITEM 9.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: November 2, 2010 TO: The Honorable City Council FROM: Jose E. Pulido, City Manager By: Joseph M. Lambert, Community Development ManagerJL_ SUBJECT: APPEAL OF A PLANNING COMMISSION DECISION DENYING ZONE VARIANCE 10-1765 TO MAINTAIN A CIRCULAR DRIVEWAY WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.G OF THE TEMPLE CITY CODE. RECOMMENDATION: The City Council is requested to uphold the Planning Commission's decision and adopt a Resolution denying the zone variance. BACKGROUND: 1. On June 22, 2010, the applicant was issued a Code Compliance Notice from one of the City's Code Enforcement Officers for constructing a circular driveway on a property that does not meet the minimum requirements for a circular driveway. 2. On July 29, 2010, the property owner applied for a zone variance to maintain the circular driveway as installed. 3. On September 14, 2010, the Planning Commission adopted Resolution No. 10-2308 denying the Zone Variance (ZV 10-1765) ANALYSIS: Pursuant to the Temple City Zoning Code, a circular driveway may be constructed provided that: "A. Said driveway has, or connects with a driveway, which has direct access to a legal parking area or structure as defined in section 9290: and City Council November 2, 2010 Page 2 B. The entire width of said driveway, at some point thereon, is located entirely behind the required setback area for such zone; and C. Said driveway shall be a minimum of ten feet (10') in width; and D. Notwithstanding subsection M.4.B. of this section, no circular driveway shall exceed twelve feet (12') in width; and E. Each driveway approach shall be a minimum of twelve feet (12') at street level; and F. There shall be a minimum of thirty feet (30') of full height curb between the two (2) driveway approaches, including slopes, measured at their nearest points; and G. No circular driveway shall be permitted on a lot less than seventy feet (70') in width." In examining the preceding circular driveway requirements, the subject property and subject circular driveway essentially complies with conditions A through F listed above. As the subject property is only 45 feet wide, it does not comply with condition G which states that no circular driveway shall be permitted on a lot less than 70 feet in width. The intent of this regulation is to regulate the overall appearance and amount of visible concrete in a front yard area. With a larger lot size and greater lot width, a circular driveway takes up a smaller percentage of the front yard and is generally more aesthetically pleasing. With a 45 foot wide lot, the subject lot is rather narrow and the subject circular driveway dominates a significant portion of the front yard. One unusual fact regarding this property is that the circular driveway actually leads to a shared driveway on the adjacent lot directly to the west. The subject property has easement rights to access and use this shared driveway. The access easement is 22 feet wide, and it could be argued that this 22 foot easement can be added to the 45 foot width of the subject lot: 45 feet + 22 feet = 67 feet. However, it should be noted that this easement is located on a separate lot and technically speaking; it is not part of the subject property. CONCLUSION: The Planning Commission could not justify the findings required to approve a zone variance. The subject lot is 45 feet wide, has the appearance of a 45 foot wide lot, and the existence of the easement does not justify the circular driveway. Even if the width of the 22 foot easement is added to the subject lot's 45 foot width, the resulting width is still only 67 feet wide, short of the 70 foot lot width requirement. In denying the request and adopting Resolution No. 10-2308, the Planning Commission found that there is nothing exceptional or extraordinary about the subject lot and that the property owner is not being denied any rights possessed by other property owners in the vicinity. Staff concurs with the Planning Commission's findings. City Council November 2, 2010 Page 3 FISCAL IMPACT This item does not have an impact on the Fiscal Year (FY) 2010-11 City Budget. ATTACHMENTS A. Memo from the City Clerk dated September 28, 2010 announcing the Appeal of the Planning Commission's denial B. Copy of the "Appeal" form signed by Mrs. Bersane C. PC Resolution No. 10-2308 PC D. PC Minutes dated September 14, 2010 E. Two letters of opposition F. PC Staff Report dated September 14, 2010, and attachments thereto G. Draft CC Resolution No. 10-4706 MEMORANDUM DATE: TO: September 28, 2010 City Council Planning Commission Applicant and Owner Interested Parties FROM: Mary Flandrick, City Clerk SUBJECT: Notice of Appeal of Planning Commission Decision Denying Zone Variance 10-1765 to Maintain a Circular Driveway Recently Installed which does not meet the Requirements of Temple City Zoning Code Section 9296M.4.g at 9655 Olive Street in the Single Family Residential (R-1) Zone You are hereby notified that an appeal of the Planning Commission decision of the above item has been filed. This matter will be scheduled for public hearing before the City Council, notice of which will be mailed separately. Please note the decision of the Planning Commission shall be suspended until the appeal is determined by the City Council. The decision of the Council shall be final and conclusive. Questions may be directed to Joseph M. Lambert, Manager of the Department of Community Development at (626) 285-2171. cc: 'f Community Development Manager City Manager City Attorney CITY OF TEMPLE CITY APPEAL FORM TO T CITY OF TEMPLE CITY APPEAL BY: Zone Change No. Zone Variance No. 162-- I !✓� (5 Conditional Use Permit No. cA.`vy\ i X S Coq ,/ (Appellant's Name)/ ON CASE NO. ZV ((62--[77(0.5--atr 1(0�at € The undersigned that certain de day of the following should render Commission.) Dated: Address in the above -entitled matter does hereby appeal from s f i of the Planning Commission rendered on the i , 20/0 , by Resolution No. /c— ' 4, upon grounds: (State reasons why you think the City Council a different decision than that rendered by the Planning 20 1b * Filing fee non-refundable BHP/FORM/7754.1 Address (L26- k'2-7070 Phone No. Rec ' d by: Cib-6 W1•�J`�l (Authorized staff member) Date: (1/-71 ID Receipt No.: ft— 10 [ O(o RESOLUTION NO. 10-2308 PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING A REQUEST FOR A ZONE VARIANCE (ZV 10-1765) AT 9655 OLIVE STREET TO MAINTAIN A CIRCULAR DRIVEWAY WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.G OF THE TEMPLE CITY ZONING CODE. THE ZONING REGULATIONS REQUIRE A LOT WIDTH OF NO LESS THAN SEVENTY FEET (70') TO BE ELIGIBLE TO CONSTRUCT A CIRCULAR DRIVEWAY AND THE SUBJECT LOT IS FORTY FIVE FEET (45') WIDE. THE SUBJECT PROPERTY IS ZONED R-1 AND IS DESIGNATED AS RESIDENTIAL LOW DENSITY BY THE GENERAL PLAN. (ZV 10-1765) (BERSANE) 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: FOR DENIAL OF A ZONE VARIANCE REQUEST TO LEGALIZE AND MAINTAIN A CIRCULAR DRIVEWAY WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.G OF THE TEMPLE CITY ZONING CODE, DENIAL IS BASED UP THE FOLLOWING FINDINGS: 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 the same zone in that the subject property is level in grade, is 45 feet wide and contains approximately 9,000 square feet of usable land area. Although there is an access easement adjacent to the subject property which is 22 feet wide, even if the width of the 22 foot easement is added to the subject lot's 45 foot width, the resulting width is still only 67 feet wide, short of the 70 foot lot width requirement for a circular driveway. Moreover, the access easement is not considered in calculating lot width; and 2. That such variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other properties similarly situated, but which is denied to the property in question in that most lots in the vicinity are between 45 feet and 65 feet wide, none of these lots would be eligible to construct a circular driveway without approval of a zone 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 this zone variance would allow the applicant to maintain a driveway which does not comply with the Zoning Code, and being a 45 foot wide lot, the subject lot is rather narrow and the subject circular driveway dominates a significant portion of the front yard, which could result in and adverse aesthetic impact throughout the neighborhood; and Resolution 10-2308 PC Zone Variance 10-1765 9655 Olive Street Page 2 4. That there are no special circumstances as provided in Section 65906 of the California Government Code, in that the subject site is rectangular in shape, level in grade, and is larger in area than most properties in the same zone. The lot is not unique or unusual in comparison to other R-1 zoned properties throughout the City. SECTION 2. Accordingly, Zone Variance 10-1765 is hereby denied. SECTION 3. 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 at a regular meeting held on the 14th of September 2010 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Commissioner - Chen, Horton, 0' Leary, Seibert, Valenzuela Commissioner - None Commissioner - None Commissioner - None Secr ry PLANNING COMMISSION MINUTES SEPTEMBER 14, 2010 INITIATION: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL: Commissioners: 0' Leary, Valenzuela, Chen, Horton, Seibert Also Present: City Attorney Murphy, Community Development Manager Lambert, Associate Planner Gulick, and Planning Secretary Venters 4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forth at this time. 5, CONSENT CALENDAR: A. APPROVAL OF MINUTES: AUGUST 24, 2010 RECOMMENDATION: APPROVE AS SUBMITTED Commissioner Seibert -- Stated that he would like to abstain from voting on this item as he was not present at the Planning Commission Meeting of August 24, 2010. Vice Chairman Valenzuela - Made a motion to approve the Planning Commission Meeting minutes dated August 24, 2010, seconded by Commissioner Chen and unanimously carried, with Commissioner Seibert abstaining. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: A. PUBLIC HEARING: NONE A ZONE VARIANCE TO MAINTAIN A CIRCULAR DRIVEWAY WHICH WAS RECENTLY INSTALLED WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.g OF THE TEMPLE CITY CODE. THE ZONING REGULATIONS REQUIRE A LOT WIDTH OF NO LESS THAN SEVENTY FEET (70') TO BE ELIGIBLE TO CONSTRUCT A CIRCULAR DRIVEWAY. THE SUBJECT LOT IS FORTY FIVE FEET (45') WIDE. THE SUBJECT PROPERTY IS ZONED R-1 AND IS DESIGNATED AS RESIDENTIAL LOW DENSITY BY THE GENERAL PLAN. Mann., Con m q pv. Mn.AM oau di,M.,'. 54p[rnlN'4 20 ID SUBJECT SITE: 9655 OLIVE STREET CASE NUMBERS: ZONE VARIANCE 10-1765 PROPERTY OWNER/ SAM R. BERSANE, JR. APPLICANT: 9655 OLIVE STREET TEMPLE CITY, CALIFORNIA 91780 RECOMMENDATION: 1) HEAR STAFF REPORT 2) HEAR THOSE FOR AND AGAINST 3) FIND THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO SECTION 15301 4) ADOPT RESOLUTION FOR APPROVAL Chairman O'Leary — Asked for a Staff Report. Community Development Manager Lambert — Gave the Staff Report dated September 14, 2010. Associate Planner Gulick — Gave a PowerPoint presentation. Chairman O'Leary — Asked if there were any questions or comments from the Planning Commissioners for the Staff. The Planning Commissioners did not have questions at this time. Invited the applicant to speak. Sam R. Bersane Jr., 9655 Olive St., Temple City, CA 91780 — Stated that he had noticed that his neighbor had installed a circular driveway and had mentioned that a permit from the City was not necessary. Stated that the evening his circular driveway was installed he had received a code compliance notice. Stated that his property shares an easement with two other properties, therefore, he feels that he meets the requriements to allow a Zone Variance. Stated that if he did not share this easement his lot would be 45 feet wide and he could see how the Municipal Code should be upheld. Stated that he has not received any complaints from his neighbors regarding his circular driveway and was not aware that he was in violation of the City's Municipal Code. Stated that he has invested approximately four thousand dollars in this project and should not be denied the right to enter and exit his property through his easement. Commissioner Chen — Asked Community Development Manager Lambert if the easement is to the east of the property. Community Development Manager Lambert — Stated that the easement is to the west of Mr. Bersane's property. Stated that if the driveway was located on the opposite side of the property, then he would be able to have access to his garage through the easement. Chairman O'Leary - Asked if anyone from the public would like to speak in favor or against the proposed request. No one came forth at this time. City Attorney Murphy — Acknowledged for the record that two anonymous letters in opposition of this request were submitted to Staff. Commissioner Seibert -- Made a motion to close the Public Hearing, seconded by Vice Chairman Valenzuela and unanimously carried. Commissioner Seibert - Stated that he becomes upset at those who make improvements to their property without permits, get caught, and expect the City to accommodate them. Stated �amnq Cc4.F,uwn 'Avian Oil. 111Y„nq 54p4•npw 14 2010 that the applicant has access to his property from the easement, and it is also used by two other homeowners, therefore, he is not in favor of this request. Commissioner Chen — Stated that he concurs with the findings made by Staff and is not in favor of this request. Commissioner Horton - Stated that he concurs with fellow Commissioner Seibert and cannot make the findings to approve this request. Stated that it is unfortunate that the applicant sought advice from his neighbor and a contractor when City Hall Staff is available for free to help those who would like to improve their property. Vice Chairman Valenzuela -- Stated that after hearing the testimony from the applicant and from Staff he also cannot make the findings to approve this request. Chairman O'Leary — Stated that he also could not make the findings to approve this request. Commissioner Seibert — Made a motion to deny Zone Variance 10-1765, seconded by Commissioner Horton, and unanimously carried. Chairman O'Leary — Stated that the application was denied 5-0 and stated that there is a appeal/review period. B. PUBLIC HEARING: SUBJECT SITE: CASE NUMBER: PROPERTY OWNER/ APPLICANT: RECOMMENDATION: A CONDITIONAL USE PERMIT TO ALLOW PLUMBING INSIDE AN EXISTING ACCESSORY STRUCTURE (DETACHED GARAGE) ON THE SUBJECT SITE. THE APPLICANT IS REQUESTING PERMISSION TO RETAIN A BATHROOM AND LAUNDRY FACILITY INSIDE THE EXISTING GARAGE. THE SUBJECT PROPERTY IS ZONED R-1 AND IS DESIGNATED AS RESIDENTIAL LOW DENSITY BY THE GENERAL PLAN. 6149 LOMA AVENUE CONDITIONAL USE PERMIT 10-1761 REYNALDO AND KAREN WENDT 6149 LOMA AVENUE TEMPLE CITY, CA 91780 15 -day 1) HEAR STAFF REPORT 2) HEAR THOSE FOR AND AGAINST 3) FIND THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO SECTION 15303 4) ADOPT RESOLUTION FOR APPROVAL Chairman O'Leary — Asked for a Staff Report. Community Development Manager Lambert — Gave the Staff Report dated September 14, 2010. M 9711 Olive St. Temple City, C•1 97780 phone: (626) 286-7025 Email muhaelm l01 @sbeglobal.net Joseph M. Lambert Community Development Manager City of Temple City 9701 Las Tunas Dr. Temple City, CA 91780 RE: Zone Variance 10-1765 September 5, 2010 Dear Mr. Lambert: I received your letter regarding the above and have a few comments regarding the property in question. I will not be attending the hearing as I have found dissenting commentary to have profound effects on neighborly relations. In addition, my wish is to remain anonymous. I have been a resident of Temple City since 1974 and am very familiar with the property located at 9655 Olive Street. Moreover, within the last ten years there has been a considerable amount of "undesirable" activity on and about the property. 1) It has appeared that a host of individuals have taken residence at the property over the years and social -activity "round the clock" is typical, especially on weekends. Attendees to the events appear to be from "other" geographic areas. 2) Automobiles are typically parked on the lawn (part of the area which has been transformed into the circular driveway in question). 3) 1 have witnessed auto repair being conducted on the front lawn area on numerous occasions. In my opinion, and through direct observation, the driveway appears to serve the purpose of automobile repair, and social activity (particularly, the loading and unloading of "party -goers). As your letter states, the width of the property (45ft) is slightly more than half of the regulation width of 70 ft. Therefore, I can see 1;o other utilitarian means for this driveway other than the ones stated above. I'm hoping that the best possible resolution is contemplated and that our neighborhood is restored to a quality that was abundant in an earlier phase of Temple City's development. I thank you kindly for your attention. Sincerely, Michae L. Magener Subject: Zone Variance 9655 Olive Street I would like to respectfully oppose this variance for several reasons. This residence has been a known drug trafficking house for several years; several law enforcement raids have been made there. This is why I would like to remain anonymous. The main reason for the opposition is there is an illegal unit with a full kitchen and bathroom and a trailer that are being rented out, an inspection would reveal this. The driveway would only accommodate the illegal rentals as it is now, there could be up to 10-12 cars at one time parked in the driveway, lawn and streets. This is an R-1 residential neighborhood and all the cars are an eye sore. Several neighbors feel the same but are intimidated. Thank you October 26, 2010 Dear Members of the City Council I request that my opposition to the request for variance regarding a circular driveway at 9665 Olive Street be considered at the Council meeting on November 2, 2010. I have observed the driveway and it amounts to no more than a parking pad installed in front of the residence. From the street it appears that some type of camper is parked in the driveway behind the gate. I believe that granting the requested variance will set a bad precedent. The west end of the driveway accesses the adjacent property's private driveway, not a public street. The property is designated as low density. The driveway mentioned in this request for variance will result in turning a residential property into a parking lot. Sincerely 0.Y1-ft-f-..illif' 244./Z7 Lawrence H. Mullaly 9661 Nadine St. Temple City, Ca. 91780 CITY OF TEMPLE CITY PLANNING COMMISSION ATE,OF_11i'IEETING� SEPTEMBER 94,_2Q10 TO: PLANNING COMMISSION FROM: JOSEPH M. LAMBERTS -R --- COMMUNITY DEVELOPMENT MANAGER REPORT ON: A ZONE VARIANCE TO MAINTAIN A CIRCULAR DRIVEWAY WHICH WAS RECENTLY INSTALLED WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.g OF THE TEMPLE CITY CODE. THE ZONING REGULATIONS REQUIRE A LOT WIDTH OF NO LESS THAN SEVENTY FEET (70') TO BE ELIGIBLE TO CONSTRUCT A CIRCULAR DRIVEWAY. THE SUBJECT LOT IS FORTY FIVE FEET (45') WIDE. THE SUBJECT PROPERTY IS ZONED R-1 AND IS DESIGNATED AS RESIDENTIAL LOW DENSITY BY THE GENERAL PLAN. PROJECT SITE: 9655 OLIVE STREET CASE NO.: ZONE VARIANCE 10-1765 PROPERTY OWNER/ SAM R. BERSANE, JR. APPLICANT: 9655 OLIVE STREET TEMPLE CITY, CALIFORNIA 91780 INFORMATION SUMMARY Zoning: R-1, Single Family Residential General Plan: Low Density Residential Lot: Area Sq. Ft. Width Depth Shape and Characteristics 9,000 45' 200' Rectangular and level Pubiic Improvements: Existing curb and gutter Environmental Review: Categorically Exempt [15301] Pending Actions: Code Compliance Notice from Code Enforcement Previous Actions: None Background: Public Hearing: September 14, 2010 Zone Variance 10-1765 9655 Olive Street Page 2 The subjecfpropefjr is-=iocated of'9655" OliVeSreet-betinieenTGoideriWesf"AVeriue- and Temple City Boulevard. The lot has a street frontage of 45 feet and an average depth of 200 feet, with a total land area of approximately 9,000 square feet. The property has been improved with a 1,125 square foot single story residence with a detached two -car garage in the back yard. The property is zoned Single Family Residential (R-1) and the General Plan Designation is Low Density Residential. Proposed Development: The applicant was issued a Code Compliance Notice from one of the City's Code Enforcement Officers for constructing a circular driveway on a property that does not meet the requirements for a circular driveway. Analysis: Pursuant to the Temple City Zoning Code, a circular driveway may be constructed provided that: A. Said driveway has, or connects with a driveway, which has direct access to a legal parking area or structure as defined in section 9290; and B. The entire width of said driveway, at some point thereon, is located entirely behind the required setback area for such zone; and C. Said driveway shall be a minimum of ten feet (10') in width; and D. Notwithstanding subsection M4b of this section, no circular driveway shall exceed twelve feet (12') in width; and E. Each driveway approach shall be a minimum of twelve feet (12') at street level; and F. There shall be a minimum of thirty feet (30') of full height curb between the two (2) driveway approaches, including slopes, measured at their nearest points; and G. No circular driveway shall be permitted on a lot less than seventy feet (70') in width. In examining the preceding circular driveway requirements, the subject property and subject circular driveway essentially complies with conditions A through F listed above. As the subject property is only 45 feet wide, it does not comply with condition G which states that no circular driveway shall be permitted on a lot less than 70 feet in width. The intent of this regulation is to regulate the overall appearance and amount of visible concrete in a front yard area. With a larger lot size and greater lot width, a circular driveway takes up a smaller percentage of the front yard and is generally more aesthetically pleasing. With a 45 foot wide lot, the subject lot is rather narrow and the subject circular driveway dominates a significant portion of the front yard. Public Hearing: September 14, 2010 Zone Variance 10-1765 9655 Olive Street Page 3 One unusual fact ._.� �� . y . . •- -� regar_ding this propert is the fact th-at ttie circu`far drivewayactualy'" leads to a shared driveway on the adjacent lot directly to the west. The subject property has easement rights to access and use this shared driveway, and a copy of the Declaration of Maintenance Agreement (easement) is attached. The access easement is 22 feet wide, and it could be.argued that this 22 foot easement can be added to the 45 foot width of the subject lot: 45 feet + 22 feet = 67 feet. However, it should be noted that this easement is located on a separate lot, technically speaking; it is not part of the subject property. To consider a Zone Variance request, the following findings must be met: 1. That there are exceptional or 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 the same zone; and 2. That such a 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; and 3. That the granting of the variance will not adversely affect the General Plan nor the purpose and intent of the provisions of this Chapter; nor be materially detrimental to the public welfare or injurious to the adjacent or neighboring properties; and 4. That there are special circumstances as set forth in Section 65906 of the California Government Code. After analyzing the findings, staff cannot support the zone variance request. The subject lot is 45 feet wide, has the appearance of a 45 foot wide lot, and the existence of the easement does not justify the circular driveway. Also, even if the width of the 22 foot easement is added to the subject lot's 45 foot width, the resulting width is still only 67 feet wide, short of the 70 foot lot width requirement. In staffs assessment, there is nothing exceptional or extraordinary about the subject lot and the property owner is not being denied any rights possessed by other property owners in the vicinity. Recommendation: The subject proposal is categorically exempt from CEQA pursuant to Section 15301. Staff recommends that the Planning Commission adopt a resolution to deny Zone Variance 10-1765, based upon the findings contained in the attached draft Resolution. Attachments: 1. Draft Resolution for Denial 2. Project Application 3. Declaration of Maintenance Agreement (Access Easement) 4. Site Photographs 5. Vicinity Map 6. Land Use Map 7. Aerial Photograph RESOLUTION NO. 10-2308 PC DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING A REQUEST FOR A ZONE VARIANCE (ZV 10-1765) AT 9655 OLIVE STREET TO MAINTAIN A CIRCULAR DRIVEWAY WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.G OF THE TEMPLE CITY ZONING CODE. THE ZONING REGULATIONS REQUIRE A LOT WIDTH OF NO LESS THAN SEVENTY FEET (70') TO BE ELIGIBLE TO CONSTRUCT A CIRCULAR DRIVEWAY AND THE SUBJECT LOT IS FORTY FIVE FEET (45') WIDE. THE SUBJECT PROPERTY IS ZONED R-1 AND IS DESIGNATED AS RESIDENTIAL LOW DENSITY BY THE GENERAL PLAN. (ZV 10-1765) (BERSANE) 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: FOR DENIAL OF A ZONE VARIANCE REQUEST TO LEGALIZE AND MAINTAIN A CIRCULAR DRIVEWAY WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.G OF THE TEMPLE CITY ZONING CODE, DENIAL IS BASED UP THE FOLLOWING FINDINGS: 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 the same zone in that the subject property is level in grade, is 45 feet wide and contains approximately 9,000 square feet of usable land area. Although there is an access easement adjacent to the subject property which is 22 feet wide, even if the width of the 22 foot easement is added to the subject lot's 45 foot width, the resulting width is still only 67 feet wide, short of the 70 foot lot width requirement for a circular driveway. Moreover, the access easement is not considered in calculating lot width; and 2. That such variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other properties similarly situated, but which is denied to the property in question in that most lots in the vicinity are between 45 feet and 65 feet wide, none of these lots would be eligible to construct a circular driveway without approval of a zone 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 this zone variance would allow the applicant to maintain a driveway which does not comply with the Zoning Code, and being a 45 foot wide lot, the subject lot is rather narrow and the subject circular driveway dominates a significant portion of the front yard, which could result in and adverse aesthetic impact throughout the neighborhood; and Resolution 10-2308 PC Zone Variance 10-1765 9655 Olive Street DRAFT Page 2 4. That there are no special circumstances as provided in Section 65906 of the California Government Code, in that the subject site is rectangular in shape, level in grade, and is larger in area than most properties in the same zone. The lot is not unique or unusual in comparison to other R-1 zoned properties throughout the City. SECTION 2. Accordingly, Zone Variance 10-1765 is hereby denied. SECTION 3. The Secretary shall certify to the adoption of this Resolution. Chairman 1 hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City at a regular meeting held on the 14th of September 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Commissioner- Commissioner- Commissioner- Commissioner - Secretary 1PLE CITY NNING APPLICATION :conditional T.Use;Pefmit- m77- Zone Variance Minor Zone Modification General Plan Amendment Zone Change Property Owner. Address: Applicant: Address: Address/Location of Project: ,•\'' FILE NO. Z\./ IC7-1765 (Assigned by City) -Modjficationief bndititinal�Use Permit Tentative Parcel Map (4 or less units) Tentative Tract Map (5 or more units) Other: 2 15 �"SL(�i� 0,/,65 01,c) )-e__:,5-Jrvr-,-t- Phone %G 2-6 - 44Q-70 70 Phone Cya xv,-o A (onu�J Description of pergt requested: Z 0if1'L V O r rci eD (At e chdd additional sheets if necessary) CAY Reason given to support your request: Lc \C--e-DA / i1 LLn&.L (Attached additi naLsheets if n essary) l ►rC`P) 1" . %)' _• �� 15 1 S 221 ess w2vItL (14-r-(c,, . pasVr( A-- 4 oho ' ur:d.e k�, v -A 3' TA rick n -) Notes: .1. All applications require site plan, floor plan(s), and elevations to be submitted, unless otherwise specified by staff. 2. Additional processing documents may or may not be required to be submitted with this application (e.g. environmental evaluation), schedule of classes, hours of operation (days & times), schedule of facilities events. 3. A grant deed, showing the legal description, is required for all applications. 4. If applicant does not own the property that is the subject of this application, owner must also sign application. 5. Applicant declares that this is an application for development approval. 6. Applications are not deemed complete until ALL REQUIRED MATERIALS are submitted. Date: — o f b Signature Date: Property Owner Signature Applicant (For Office Use Only) Date Filed Rec'd By Fee Pd Receipt No. rL o1Qo3Co DECLA:.ATION OF MAINTENANCE AGREEMENT ex44899Pc829 1262 ien t As.the undersigned owners of property edjoining_end._bounded by-.fhe-. olioea_ng described easement: An easement for ingress, egress and incidental purposes to be used in common with others over the Easterly 22 feet of the Southerly 200 feet of that portion of -Lot 53 of Mission View Acres, as per map recorded in Book 12 Page 150 of Maps, in the office of the county recorder of said county, described as follows: Beginning at a point distant North 80° 44' East 175.23 feet from the South- westerly corner of said Lot 53; thence North 80` 44' East 22 feet;thence North 9° 16' West to the Southerly line of Tract No. 15762, as per map recorded in Book 619 Pages 51 and 52 of•Maps, in the office of the county recorder of said county; thence Westerly along said Southerly line 197.23 feet; thence South 9° 16' East 87 feet; thence North 80° 44' East 75.23 feet; thence North 80° 44' East 100 feet; thence South 9' 16' East 172.49 feet to the point of beginning together with that portion of Olive Street adjoining said property on the South as vacated by order of the Board of Supervisors, dated September 26, 1510, recorded in Book 12, Page 81, of the Records of said Board. We hereby agree and declare that we shall bear an equal share of any and all costs required for maintenance and repairs of said easement under the terms and conditions as set forth herein: 1. Said easement described above shall be used in common with other owners of properties bounding thereon who use said easement for ingress and egress and/or utilities. 2. Repairs on said private easement shall be equally divided between the property owners and funds necessary' will be collected and administered in a manner mutually agreed to by all parties whenever necessary. 3. Every owner of property bounding on said easement who cause or allow, in any manner, said private street to be used, traversed or altered, by vehicular traffic or otherwise, thereby causing damage to the surface thereof, shall bear as his sole responsibility the cost and expense of repairing such damage. 4. This agreement is to be construed as a covenant running with the land and fir the mutual benefit of the undersigned, their heirs, executors, administrators, successors, and assigns. It is the purpose of the signature affixed hereto that this instrument be recorded to the end and intent that the obligations hereby created shall be and constitute a restriction imposed upon and shah be secured by the said property, and any subsequent transferee thereof, by acceptance of delivery of a deco to or conveyance of the said property shall be deemed to -.,-.:e consented to a^d become bound by these presents. I- WHEREOF, we have executed these presents this , 1974, at Temple C:,tv. California. Maude C. Parkhurst 77 -1:e24 -1-1-2-k-3 Alien L. Murphy Thomas L. Reiman rise of e . -lc- ./ / i'•,.r; Bu„ Mary Frances Morton RE^_-ORDED IN OFFICIAL RECOR1XS OF LOS ANGELES ODUt 1Y, CA O[`7 10 1974 AT 8 A -M, I Re•:Li:lct•'s Office 1 "--et, - i- Mary/t, ,.0 rnhv iman 26 1 33 4 1 . 22 1 H 2O _ r- i� r. --- 4 35 713 r-. 1it 1 1 ," 1 m L. ,1�1 Y�1_� — 1# 1 1 4111 1 m 1 x 4 l cm 1 d t t' m i" 1 c 1 o 1 1 1 y. l 1.- 1 .` •11 1 i N 1N �O ! .76 L,__L-•"1 . tom, 1 ; N — — r 1 1 .72 ,� .70 ....i--`.... 1 1 n 1% N N I ,...1s . 60 — -'1 1 r l t � l .. t C,D13 ,54 ----4 -° iN -•'1 s -- 1 N .0440 .. .5Z 4 1 0.1 - l . .50 1 1 :sej+ .4e l5 19. 75' . 7%' "_� ~f~ 1111 1 j m 111 ii 114 + 4 9 4 re. 4 41' CO 3S' }� 1p1.10 S .0140 23' W 13, l0 03' .42 1 .3e 35' 58 29' r 25' 13' 09' 03' 4 NORTH 2 14 231 I _ Es E 6933 1,5600 NADINE V 20 5300 $LAcKLE 14 1— p ; ; of -- j;; I1� im ,ZV 10-1765 tnt 11� c - : 1 47 29 a "0 5400 A" S 7 .06 . 00 0 to 26 . 1e 01 V zoN, 520°6 d\?E 01 01 RESOLUTION NO. 10-4706 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY UPHOLDING THE PLANNING COMMISSION'S ACTION AND DENYING A ZONE VARIANCE REQUEST (ZV 10-1765) TO LEGALIZE A CIRCULAR DRIVEWAY WHICH DOES NOT MEET THE REQUIREMENTS SET FORTH IN SECTION 9296M.4.G OF THE TEMPLE CITY ZONING CODE. THE ZONING REGULATIONS REQUIRE A LOT WIDTH OF NO LESS THAN SEVENTY FEET (70') TO BE ELIGIBLE TO CONSTRUCT A CIRCULAR DRIVEWAY AND THE SUBJECT LOT IS FORTY FIVE FEET (45') WIDE. THE SUBJECT PROPERTY IS ZONED R-1 AND IS DESIGNATED AS RESIDENTIAL LOW DENSITY BY THE GENERAL PLAN. (ZV 10-1765) (BERSANE) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon information contained in the staff report to the City Council and information contained in the Planning Commission staff report as well as the Planning Commission minutes of September 14, 2010, and based upon a review of the plans and based upon testimony received at a noticed public hearing before the Planning Commission on September 14, 2010 and based upon a noticed public hearing before the City Council on November 2, 2010, the City Council hereby upholds the action of the Planning Commission and denies the Zone Variance based upon the findings set forth in Planning Commission Resolution No. 10-2308 PC. SECTION 2. Accordingly, Zone Variance 09-1723 is hereby denied. PASSED, APPROVED AND ADOPTED THIS 2"d DAY OF NOVEMBER 2010. Mayor ATTEST: City Clerk I hereby certify that the foregoing Resolution, Resolution No. 10-4706, was adopted by the City Council of the City of Temple City at a regular meeting held on the 2"d day of November 2010 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk Wood Fence Lam Concrete Rack S. ,r -r Exls'gng Garage 329 Sq. Ft Eds-tIng Covered Conc. Patlo — 237 Sq. Ft Existing Hobby Shop 304 Sq, Ft. J Rc 9t Art Dort Wood Gate V/ Swinging Doors Black Site Data: Lot Size: 45' x 206' = 9,270 Sq. Ft. House Size: 1,133 Sq. Ft. Garage / Hobby Shop: 633 Sq, Ft. Date Revisions