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HomeMy Public PortalAboutResolution 88-28121 1 RESOLUTION NO. 88 -2812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AN APPEAL OF THE PLANNING COMMISSION'S DECISION UPON DENYING ZONE VARIANCE NO. 88 -946, A REQUEST BY DAVID FURMANSKI TO ALLOW A THREE (3) FOOT SIDE YARD SET BACK IN LIEU OF THE REQUIRED FIVE (5) FOOT SIDE YARD SET BACK FOR THE SECOND STORY PORTION OF A PROPOSED SINGLE - FAMILY RESIDENTIAL ADDITION LOCATED AT 6153 LOMA AVENUE. The CITY COUNCIL of the City of Temple City does hereby resolve: Section 1. Based upon a public hearing to consider an Appeal of the Planning Commission's denial of a Zone Variance to allow a three (3) foot side yard set back in lieu of the required five (5) foot side yard set back for the second story portion of a single - family residential addition, the City Council finds: 1. That there are exceptional and extraordinary circum- stances or conditions applicable to the property which do not generally apply to other properties in the same zone in that the site is a narrow lot having only. forty (40) feet of street frontage and improved with a single -story residence with a legal non - conforming three (3) foot interior side yard set back unlike most properties in the area which have more street frontage and wider side yards; and 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question in that because of the narrow lot width and three (3) foot side yard there is hardship involved to construct a second story addition whereas most other properties in the neighborhood would not be deprived a second story; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to adja- cent property in that the house on the property south of the site would be approximately thirteen (13) feet apart in distance from the proposed addition and a petition had been circulated throughout the neighborhood reflecting support of the project; and RESOLUTION NO. 88 -2812 Page 2 ZONE VARIANCE 88 -946 4. That there are special circumstances as provided in Section 65906 of the California Government Code in that the proposed addition would not conflict with the General Plan and that the granting of this variance shall not constitute the granting of a special privilege inconsis- tent with limitations normally imposed upon surrounding properties. Section 2. This project has been determined to be cate- gorically exempt from environmental review in accordance with the State CEQA Guidelines. Section 3. Accordingly, Zone Variance No. 88 -946 is approved subject to the following conditions: 1. That the development of the site be completed in substan- tial compliance with the submitted development plans approved by the City Council on September 20, 1988. 2. That all applicable Building, Plumbing, Electrical, and Mechanical Permits be obtained prior to commencing work and that all mechanical work be done in accordance to minimum Building Code requirements. 3. That proposed . building materials and colors be consistent with the existing residence. Section 4. The Chief Deputy City Clerk shall certify to the adoption of this Resolution. ATTEST: Chief Deputy `City C1 =rk I certify that the foregoing Resolution was duly adopted by the City Council of the City of Temple City on the 20th day of September 1988, by the following vote: AYES: Councilmen- Atkins,Breazeal ,Froehle,Gillanders,Swain NOES: Councilmen -None ABSENT: Councilmen -None hief Deputy City —E-1 1