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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. 580 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 581