HomeMy Public PortalAboutResolution 64-419RESOLUTION NO. 64 -419
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY GRANTING
THE APPEAL OF CATHERINE M. CAPP TO
MODIFY DECISION OF THE PLANNING
COMMISSION iN ZONE CASE NO. 64 -129
WHEREAS, on May 21, 1964, Catherine M. Capp, hereinafter re-
ferred to as "Applicant," made application for zone variance upon the
real property located at 4831 North Fiesta Avenue, Temple City, Calif -,
ornia, to create two parcels, less than the required area, one of
which lacks the required street frontage, and
WHEREAS, the matter was duly noticed pursuant to the Temple
City Municipal Code, for hearing before the Planning Commission on
September 21, 1964, at 7:30 P. M. in the City Hall of the City of
Temple City located at 5938 North Kauffman, Temple City, California,
and
WHEREAS, the Applicant and all other persons desiring to
be heard upon said application were given an opportunity to be heard
on September 21, 1964, at the time and place set for the public hear-
ing, and
WHEREAS, the Planning Commission duly considered the matter
and adopted Lts Resolution No. 64 -121PC granting the applicant's re,,
quest to create two parcels, less than the required area, one of which
lacks the required street frontage, but made the grant upon condition
the subject property remain under one common ownership until permissi-
on to divide into separate ownership be given by the Planning Commis-
sion, and
WHEREAS, within the prescribed time established by the
Temple City Municipal Code the Applicant appealed to the City Council
to modify the decision of the Planning Commission to allow parceling
of the subject property into two common ownerships, and
WHEREAS, the City Council set the matter down for public
hearing on November 9, 1964, at 7:30 at the City Hall of the City of
Temple City, and duly noticed same pursuant to the Temple City Munici-
pal Code, and
WHEREAS, on the said November 9, 1964, at approximately
7:30 P. M. in the City Hall of the City of Temple City public hear-
ing was held respecting the application and the appeal, 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 does hereby find as follows:
A. Findings A, B, C, D, E, F and G of the Plan-
ning Commission made in SECTION 1. of its Resolution No. 64 -121PC are
true and the City Council adopts said findings by reference.
B. Finding H of the Planning Commission in Sec-
tion 1 of its Resolution No. 64 -121PC Is true except for the portion
of said finding reading "but said parcel of property should remain
under one ownership and a lot split should not be permitted under the
circumstances as it would create two lots having less than the 7200
square foot minimum." With the deletion of the aforequoted portion
of Finding H the City Council adopts said Finding H by reference.
C. The finding of the Planning Commission that
two single- family dwellings should be permitted upon the subject prop-
erty is correct and the decision in this respect of the Planning Com-
mission is adopted by reference by the City Council.
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Resolution No. 64 -419, page 2
D. The facts clearly indicate that lots in the area
of the subject property have been parceled into separate ownership
while others remain under one ownership. No good and sufficient
reason has been shown that any benefit will accrue to the City by
having two separate dwelling units under different ownership. No
difference in the care, maintenance or appearance has been shown. No
difference in the nature of occupants has been shown or that there is
any relationship between ownership and occupancy by owner or tenant.
Without good cause shown it would be arbitrary to prevent parceling
into separate ownerships the particular property where both the Plann-
ing Commission and City Council are in accord that two dwelling units
should be permitted upon the subject property.
SECTION 2. Based upon the Findings set forth in Section 1,
the City Council does hereby adopt the decision of the Planning Com-
mission contained in its Resolution No. 64 -121PC by reference but
modifies the said decision of the Planning Commmission by expressly
striking paragraph B of SECTION 3. All other provisions of said
Section 3 are affirmed and shall remain in full force and effect.
ATTEST:
PASSED AND ADOPTED this 14th day of December, 1964.
by 47_A-7,/74t-
Mayor
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