HomeMy Public PortalAboutResolution 89-28821
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RESOLUTION NO. 89 -2882
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY APPROVING AN APPEAL OF THE PLANNING COMMISSIONS
DECISION UPON DENYING ZONE VARIANCE NO. 89 -989 TO
LEGALIZE AN EXISTING ADDITION TO A SINGLE FAMILY DWELL-
ING WITH A THREE (3) FOOT SIDE YARD SETBACK INSTEAD OF
THE REQUIRED FIVE (5) FOOT SIDE YARD SETBACK IN THE R -1
ZONE AT 9070 E. BROADWAY
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Based upon a public hearing to consider the
Appeal of the Planning Commission's denial of a Zone Variance to
legalize an existing addition to a single family dwelling with a
three (3) foot side yard setback instead of the required five (5)
foot side yard setback, the City Council finds:
1. That there are exceptional or extraordinary circum-
stances or conditions applicable to the property in-
volved or to the intended use of such property which do
not generally apply to other properties in the same zone
in that the subject lot is 60 feet by 165 feet and
improved with an existing single family residence and a
detached garage sited in a manner where a room addition
was constructed and met minimum code requirements; and
2. That such a 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 other similarly
zoned properties throughout the City are developed with
room additions which have been constructed in accordance
with the Zoning Code requirement in effect at the time
of construction; and
3. That the granting of the variance will not be materially
detrimental to the public welfare or injurious to the
adjacent property in that the existing addition will not
contribute towards loss of privacy for adjacent property
owners; and
4. That there are special circumstances as provided in
Section 65906 of the California Government Code in that
other properties within the City have similar side yard
setbacks.
Section 2. This project has been determined to be categori-
cally exempt from environmental review in accordance with Section
15305 of the State CEQA Guidelines.
RESOLUTION NO. 89 -2882 PAGE 2
Section 3. Accordingly, Zone Variance No. 89 -989 is ap-
proved subject to the following conditions:
1. That development occur in substantial conformance with
the submitted development plans.
2. That all required permits will be obtained prior to any
additional construction.
3. That the variance shall become null and void unless
permits are obtained within one year of the effective
date of this approval.
4. The applicant's plans as submitted and date stamped
April 25, 1989 comply with all F.A.R. standards for
construction of single - family residential dwellings
within the R -1 Zone.
5. Any additional room additions other than described
herein shall comply with all Zoning and Municipal Codes
in effect on the date of construction.
Section 4. The City Clerk shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED this 20th day of June, 1989.
ATTEST:
Chief Deput
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MAYOR
I hereby certify that the foregoing Resolution, Resolution
No. 89 -2882, was adopted by the City Council of the City of
Temple City at a regular meeting held on the 20th day of June,
1989, by the following vote:
AYES: Councilmember - Atkins,Breazeal, Gillanders,Froehle
NOES: Councilmember -None
ABSENT: Councilmember -Swain
Chief Deput lerk
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