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HomeMy Public PortalAbout7I Reso 11-4730 Multiple Zone Variance at 6231 MuscatelAGENDA ITEM 7.1. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: March 1, 2011 TO: The Honorable City Council FROM: Jose E. Pulido, City Manager By: Joseph M. Lambert, Community Development ManageiJL — SUBJECT: ADOPTION OF RESOLUTION 11-4730 REVERSING THE ACTION OF THE PLANNING COMMISSION AND APPROVING ZONE VARIANCE 10-1770, A REQUEST FOR MULTIPLE ZONE VARIANCES TO CONSTRUCT A SECOND STORY ADDITION AND A NEW 2 -CAR GARAGE AT 6231 MUSCATEL AVENUE. RECOMMENDATION: The City Council is requested to adopt Resolution 11-4730, reversing the decision of the Planning Commission, and approving Zone Variance 10-1770. BACKGROUND: On February 15, 2011 the City Council conducted a public hearing to consider an appeal of a Zone Variance to construct a 736 square foot second floor addition and a to construct a new 2 -car garage at 6231 Muscatel Avenue. At that meeting, the City Council reversed the decision of the Planning Commission, approved the Zone Variance, and directed staff to prepare a Resolution of approval. Draft Resolution 11-4730 to approve Zone Variance 10-1770 has been prepared for City Council consideration. FISCAL IMPACT This item does not have an impact on the Fiscal Year (FY) 2010-11 City Budget. ATTACHMENTS Draft Resolution No. 11-4730 DRAFT RESOLUTION NO. 11-4730 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVERSING THE PLANNING COMMISSION'S ACTION AND APPROVING ZONE VARIANCE 10-1770: A REQUEST FOR MULTIPLE ZONE VARIANCES TO CONSTRUCT A SECOND STORY ADDITION AND A NEW 2 -CAR GARAGE AT 6231 MUSCATEL AVENUE. THE APPLICANT IS REQUESTING ZONE VARIANCES FOR THE FOLLOWING: 1) TO HAVE A COMBINED SECOND FLOOR SIDE YARD SETBACK OF 10 FEET, INSTEAD OF THE REQUIRED 15 FEET; 2) NOT HAVING AT LEAST 50 PERCENT OR MORE OF THE SECOND STORY FRONT ELEVATION SETBACK FURTHER THAN 10 FEET FROM THE FIRST STORY'S FRONT ELEVATION; AND 3) TO HAVE A HOUSE WIDTH OF 9 FEET 8 INCHES, INSTEAD OF THE REQUIRED 25 FEET. THE SUBJECT PROPERTY IS LOCATED AT 6231 MUSCATEL AVENUE AND IS DESIGNATED AS SINGLE-FAMILY RESIDENTIAL (R-1) BY THE ZONING MAP. (ZV 10-1770) (TAN) 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 reports, and based upon a review of the plans and based upon testimony received at noticed public hearings before the Planning Commission on November 9, 2010, and December 14, 2010, and based upon a noticed public hearing before the City Council on February 15, 2011, the City Council hereby reverses the action of the Planning Commission and approves the Zone Variance based upon the following findings: 1. That there are 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 40 feet wide which is 20 feet less than the required lot width for newly created lots in the R-1 zone; and 2. That such variance is 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 the subject property has a significantly substandard lot width which does not conform to today's lot width standards or the R-1 zone. This narrow lot width significantly limits the development potential of the subject property, and makes it very difficult to construct any type of addition without approval of a zone variance. In addition the zone variance will allow the property owner to build a two -car garage which is a privilege enjoyed by most property owners in the vicinity; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to adjacent or neighboring properties in that the proposed project is consistent with the Single -Family Residential (R -I) zoning of the subject property and surrounding properties. The proposed addition will result in a single-family residence of a moderate size, the proposed floor area ratio and lot coverage will not be maximized, resulting in a scale of development which fits in with the neighborhood and is not overwhelming; and 4. That there are special circumstances as provided in Section 65906 of the California Government Code, in that the denying the zone variance requests will result in an unnecessary hardship on the property owner and would deny the property owner rights and privileges enjoyed by most property owners in the vicinity. SECTION 2. The project is Categorically Exempt from CEQA pursuant to Section 15303 of the California Environmental Quality Act. Resolution 11-4730 Page 2 Zone Variance 10-1770 SECTION 3. Accordingly, Zone Variance 10-1770 is hereby approved, subject to the following conditions: 1. The proposed development shall be in substantial compliance with the development plans date -stamped October 14, 2011. 2. Construction on the site shall be limited to the hours between 7:00 a.m. and 7:00 p.m. Monday through Saturday. No construction shall be allowed to occur on Sunday. 3. The conditions of approval contained in this Resolution may be enforced by the Sheriffs Office as well as by City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 4. This Resolution shall not become valid until all responsible parties have signed and agreed to the aforementioned conditions of this Resolution. 5. This Zone Variance approval shall expire 24 months from the date of approval. If the project is not commenced prior to the expiration date, the applicant may apply in writing for an extension of time at least forty (40) days before the expiration date. PASSED, APPROVED AND ADOPTED THIS DAY OF MARCH 2011. Mayor ATTEST: City Clerk I hereby certify that the foregoing Resolution, Resolution No. 11-4730, was adopted by the City Council of the City of Temple City at a regular meeting held on the 1 st day of March 2011 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk