HomeMy Public PortalAboutResolution 63-322RESOLUTION NO. 63 -322
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY GRANTING APPLICATION
FOR A ZONE VARIANCE IN ZONE VARIANCE CASE
NO. 63 -60 OF MARCELLE R. SHEA TO CREATE
A SECOND PARCEL NOT HAVING FRONTAGE ON A
PUBLIC STREET.
WHEREAS, on August 9, 1963, MARCELLE R. SHEA, hereinafter
referred to as "Applicant ", made application for a zone variance
in Zone Variance Case No. 63 -60 to create a second parcel not
having frontage on a public street as per Temple City Ordinances
63 -103 and 63 -104; and
WHEREAS, the matter was duly noticed, pursuant to the
Temple City Municipal Code, for hearing before the Planning Com-
mission on September 16, 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 September 16, 1963, at the time and place set for
the public hearing; and
WHEREAS, the Planning Commission, upon close of the public
hearing, duly deliberated upon the merits of the application,
after which on October 7, 1963, it adopted its Resolution No.
63 -44PC in which it found as follows:
"(a) The plot plan submitted by the applicant,
attached to the application, marked Exhibit "A ", and hereinafter
referred to as Exhibit "A ", shows the proposed division of a
parcel containing 15,720 square feet of area into 2 legal resi-
dential lots. The most northerly lot, with an existing resi-
dence and a 2 -car garage, contains approximately 9,912 square
feet but does not have the street frontage required by City
Ordinances 63 -103 and 104. The southerly lot, containing approx-
imately 5,808 square feet of area with approximately 48 feet of
frontage on Broadway, is also developed with a residence and
garage. Access to the northerly parcel is to be taken from
Broadway by means of a driveway along the easterly boundary.
(b) The subject property is a rectangularly
shaped parcel fronting approximately 60 feet on East Broadway and
262 feet deep. It is developed with two residences, garages and
a pool as shown on Exhibit "A ".
The area surrounding the subject property
in all directions is developed with single- family residences with
the exception of a church at the intersection of North Barela
Avenue and East Broadway.
(c) The subject property has been zoned A -1
since October 9, 1953, when it was part of the unincorporated
territory of Los Angeles County.
(d) Broadway is a local ,street with right -of-
way width of 60 feet in the vicinity of the subject property.
(e) There are no special circumstances appli-
cable to the subject property that do not apply generally to the
other property or class of use in the same vicinity.
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(f) The variance requested is not necessary for
the preservation and enjoyment of a substantial property right
or use possessed by other property in the same vicinity and zone,
which right or use is because of special circumstances denied to
the property in question."
WHEREAS, the Applicant duly filed his appeal from the
decision of the Planning Commission, and the Applicant and prop-
erty owners in the immediate area of the Applicant's property
were duly noticed pursuant to law; and
WHEREAS, on October 28, 1963, at 7:33 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) Finds (a), (b) and (c) of the Planning Com-
mission set forth above are true and said findings are adopted as
findings of the City Council.
(b) Findings (e) and (f) of the Planning Commis-
sion as set forth above are not true.
(c) There are special circumstances applicable
to the subject property that do not apply generally to the other
property or class of use in the same vicinity. Particularly,
the parcel of land is unique to the area and properties immedia-
tely adjacent and in close proximity have been divided as
requested by the Applicant.
(d) The variance requested is necessary for the
preservation and enjoyment of a substantial property right or
use possessed by other property in the same vicinity and zone.
SECTION 2. Based upon the findings set forth in Sec-
tion 1 the City Council does hereby reverse the decision of the
Planning Commission and the variance requested by the Applicant
to create a second parcel not having frontage on a public street
as set forth in Zone Application Case No. 63 -60 is hereby granted,
PASSED and ADOPTED this llth day of November, 1963.
ATTEST:
City Clerk
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