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HomeMy Public PortalAboutResolution 64-335RESOLUTION NO. 63 -335 RESOLUTION DENYING WITHOUT PREJUDICE APPROVAL OF WALTER A. SAWYER AND EMORY F. SAWYER FROM DENIAL OF VARIANCE BY PLANNING COMMISSION. WHEREAS on August 30, 1963 Walter A. and Emory F. Sawyer, hereinafter referred to as "Applicant" filed application for a Zone Variance in Zone Variance Case No. 63 -55 to create four parcels, without required frontage on a public street as required by Ordinances 63 -103 and 63 -104 in an R -1 -5000 Zone, which zone is a single family residence zone, having a 5000 square foot minimum area requirement, and WHEREAS it was determined, subsequent to the filing of the above referenced applicant that the requested division of real property resulted in a subdivision requiring compliance with Ordinance 63 -107, Sections 100 through 417, and WHEREAS on October 7, 1963 the subject application for zone variance was denied by the Planning Commission based upon the necessity that the applicant comply with Ordinance 63 -107, Sections 100 through 417, and WHEREAS the appeal of the Applicant was duly noticed and Applicant's appeal was heard before the City Council on November 11, 1963 and thereafter continued to November 25, 1963, in order to provide Applicant with an opportunity to present to the City an alternate proposal, taking into consideration a sub division of the subject property, even though same, due to the particular nature of the subject property, might require a slightly sub- standard subdivision development, and WHEREAS the. Applicant has cooperated with the City and made a concerted effort to cause a development of the subject property to the best interest of the City and the surrounding area, and WHEREAS the City desires to work with the Applicant to cause the best possible development of Applicants property con- sistent with proper planning, NOW THEREFOR THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES RESOLVE AS FOLLOWS: SECTION 1, The Applicant's appeal from the decision of the. Planning Commission, embodied in Planning Commission Reso- lution No, 63 -45PC is hereby denied, but without prejudice to further proceedings before the Planning Commission and City Council as hereinafter set forth. SECTION 2. The City Council finds that the requested var- iance of Applicant was made without the Applicant's awareness that the application as made would require a lawful subdivision under Ordinance No. 63 -107; that the Applicant's property may not, however, be able to be developed in full compliance with standard sub - division regulations and the best interests of the property in the general area and the City will be best served if a subdivision can be developed, even if said subdivision may require allowances below the standards in effect; that a more favorable development will be had if the subject property is developed as a sub - standard subdivision as opposed to a variance development. -1 - 449 SECTION 3. The City Council does hereby find that in the event a subdivision, standard or sub- standard, cannot be worked out that Applicant can again file a zone variance for consider- ation with the City and without prejudice to any former findings and without additional fee. PASSED and ADOPTED this 23d day of December 1963. City C lerk o the ity a City Clerk Temple City, California ayor o California. -.2- 450