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HomeMy Public PortalAboutResolution 63-289RESOLUTION NO. 63 -289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY GRANTING APPLICATION FOR A ZONE VARIANCE IN ZONE VARIANCE CASE NO. 63 -44 OF H. F. GUBLER PERTAINING TO THE REAL PROPERTY LOCATED AT 9441 EAST BROADWAY, TEMPLE CITY, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, on March 11, 1963, H. F. Gubler, hereinafter referred to as "Applicant ", made application for a zone variance upon the real property located at 9441 East Broadway, Temple City, California, to modify the existing use of the variance presently enjoyed by the applicant on the real property located at 9441 East Broadway, Temple City; and WHEREAS, the matter was duly noticed, pursuant to the Temple City Municipal Code, for hearing before the Planning Com- mission on April 1, 1963 at 7:30 o'clock p.m., in the City Hall of the City of Temple City, located at 9664 East Las Tunas Drive, Temple City, California; and WHEREAS, the Applicant and all other parties desiring to be heard upon the said application were given an opportunity to be heard on April 1, 1963 at the time and place set for the public hearing; and WHEREAS, the Planning Commission, upon close of the pub- lic hearing, duly deliberated upon the merits of the application, after which on April 15, 1963, it adopted its Resolution No. 63-29 PC in which it found that "there are no exceptional, ex- traordinary circumstances applicable to the property of Applicant that do not apply generally to the property or class of use in the same vicinity, and the granting of said variance would be detrimental to the public health and welfare ", and so finding, the Planning Commission denied the Applicant's request for vari- ance to change the use presently enjoyed by Applicant upon the subject real property; and WHEREAS, on April 29, 1963, the Applicant duly filed his appeal from the decision of the Planning Commission, and the Applicant and property owners in the immediate area of Applicant's property were duly noticed pursuant to law; and WHEREAS, on May 27, 1963, at 8:15 P.M. at the City Hall of the City of Temple City, the City Council held a hearing at which all parties desiring to speak upon the said Application were given an opportunity to be heard; and WHEREAS, the City Council has duly considered the matter, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES RESOLVE AS FOLLOWS: SECTION 1: The City Council finds as follows: a) The real property located at 9441 East Broad- way, Temple City, California, hereinafter referred to as the "sub- ject property ", was previously owned by Norris Powell, who con- ducted upon the premises a retail and wholesale orchid business from 1949 to 1953. 386 b) That H. F. Gubler, the Applicant, and herein- after referred to as "Applicant ", has owned the subject real property since 1953 and has conducted a retail and wholesale orchid business thereon continuously from 1953 to date. c) That the subject real property was Zone A -1 prior to 1953 when the zoning was changed to R -1, 7500, at which time Applicant's use upon said real property became a non - conforming use. d) That the Applicant's business is that of growing orchids and selling of same retail and wholesale, and the sale of products relating directly thereto. e) That the foot and automobile traffic to Applicant's property is very light; that large truck deli- veries are very infrequent, not exceeding two per month. f) That Applicant's property already contains business office and retail sales facilities; that the appear- ance of the subject real property from the front is sought to be improved by Applicant by a new building but which build- ing Applicant has represented to the City shall not be used to conduct a substantially greater retail or wholesale busi- ness than that presently enjoyed by Applicant. g) That the City of Temple City is presently contemplating a Master Plan which may or may not result in a further change of zone in the area and which may or may not provide a different terminable period for non - conforming uses than that presently provided in the Temple City Municipal Code; that the City, in order to preserve and protect its right to demand conformity with its zoning laws present and future, believes that it is to the best interest of the public health, safety and convenience and to the property in the surrounding area that any modification of the variance and /or non - conforming use now enjoyed by the Applicant shall not result in any con- tinuance of the variance or non - conforming use beyond any period by which the Applicant is presently controlled. SECTION 2. The Applicant is hereby granted the right to modify and change the structures and use of Applicant's property as hereinafter set forth, subject to the following conditions: a) Any change in the structures or uses of structures, except as to usual and ordinary main- tenance and repair, shall be first approved by the Planning Consultant of the City of Temple City. b) The Applicant's present request for a change in the use of structures upon the premises and the erection of a new structure upon the premises shall only be done after a plot plan regarding the changes shall have been submitted to the Planning Consul- tant of the City of Temple City and approved by him, which plot plan shall be substantially in conform- ity with any drawings or renderings heretofore submitted to the City as a part of Applicant's presentation. c) Any modification of the subject property in relation to design of the subject proposed structure 387 shall be substantially in accordance with the ren- dering submitted to the City by the Applicant at the hearing held by the City Council on May 27, 1963, and no structure shall be built or modified except upon approval of the Planning Consultant of the City. d) No signs shall be placed or maintained upon the premises (including upon any building) except as shall be approved by the Planning Consultant of the City of Temple City. e) The Applicant's non - conforming use and /or variance shall not extend beyond the present life of its non - conforming status by virtue of any new con- struction, rebuilding or modification of building presently upon the premises; that in no event, what- ever the life of the present structures are, shall the non - conforming use of Applicant upon the premises exceed beyond ten (10) years from date of this resolution. f) That Applicant shall use the subject real property for the retail and wholesale sale of orchid plants only except for the sale of products relating directly thereto, but which products shall not ex- ceed, by any accounting method used, over twenty percent (20 %) of the gross business of the Applicant. g) The variance and /or non - conforming use enjoyed by Applicant shall cease and terminate no later than ten (10) years from date of this Resolution. h) The Applicant shall file with the City Clerk, and the variance, and /or modification of non- conform- ing use, shall not be effective until so filed, an affidavit stating the Applicant is aware of and ac- cepts the above - conditions set forth in paragraphs (a) through (g) above. SECTION 3: The City Council finds that there are exceptional circumstances applicable to the property of the Ap- plicant that do not apply generally to the property or class of property in the same vicinity; that, among other things, the use now permitted upon the subject real property is a use created prior to the incorporation of Temple City, at which time the County of Los Angeles failed to duly record or control many of its zoning restrictions; that the County records are so incomplete in record- ing the true status of the subject property it would be a denial of due process to unreasonable cause the removal of the applicants present use; that the City, fully cognizant of foregoing, does grant the requested variance and /or change of the now conforming use, subject to the conditions hereinbefore set forth. July PASSED and ADOPTED this 22nd day of 400V, 1963. ATTEST: �J PR�rr L,) 6� City Clerk / Mayo , City of Temple City, Ca if. -3- 388