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HomeMy Public PortalAboutResolution 88-28091 1 RESOLUTION 88 -2809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE VARIANCE NO. 88 -937, A REQUEST BY D. AND M. BRACCI TO ALLOW A THREE (3) FOOT SIDE YARD SETBACK IN LIEU OF THE REQUIRED FIVE (5) FOOT SIDE YARD SETBACK FOR THE SECOND STORY PORTION OF A PROPOSED SINGLE FAMILY RESIDENTIAL ADDITION LOCATED AT 5538 ALESSANDRO AVENUE. The City Council of the City of Temple City does hereby resolve: Section 1: Based upon a public hearing held on August 2, 1988 and contrary to the Temple City Planning Commission's inability to make the necessary findings for the above referenced variance, the City Council finds: 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property, which do not generally apply to other properties in the same zone in that the lot as subdivided some years ago has only 38 feet of lot width and the existing dwelling on it has a three (3) foot side yard at this time. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated in that a neighbor was granted a similar variance for the same reasons in the recent past. 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent property in that adjacent property owners sup- ported Mr. Bracci in his effort to obtain a variance by testifying to same. 4. That there are special circumstances as provided in Sec- tion 65906 of the California Government Code in that the proposal would not be the granting of a special privilege inconsistent with the General Plan. Section 2. This project will not result in any signifi- cant effects upon the environment. A Negative Declaration has been prepared in accordance with the State CEQA Guidelines and is hereby approved. Resolution 88 -2809 Page 2 Zone Variance No. 88 -937 Section 3. Accordingly, Zone Variance No. 88 -937 is approved subject to the following conditions: 1. That the second story addition be constructed in substantial conformance with the site plans, floor plans and building elevations submitted to and approved by the City Council on August 2, 1988. 2. That building permits be obtained for all future construction. 3. That the building materials and colors be consis- tent with the existing residence. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of August 1988. ATTEST: Chief Deputy City Jerk I hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 2nd day of August 1988, by the following vote: AYES: Councilmen: Atkins, Breazeal, Froehle, Gillanders, Swain NOES: Councilmen: ABSENT: Councilmen: ief Deputy City Cler