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RESOLUTION 92 -3148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY APPROVING A REQUEST BY THANH
AND YEN TRAN FOR ZONE VARIANCE 92 -1125 TO
ALLOW THE CONSTRUCTION OF A NEW 1,695 SQUARE
FOOT DWELLING WITH A FIVE (5) FOOT REAR YARD
SETBACK INSTEAD OF THE REQUIRED 15 FEET AND
TO ALLOW AN EXISTING NON- CONFORMING FRONT
YARD SETBACK OF 12 FEET RATHER THAN THE
REQUIRED 20 FEET IN THE SINGLE FAMILY (R -1)
ZONE. (TRAN)
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE:
SECTION 1. Based upon testimony received at a noticed
public hearing before the City Council and upon the facts con-
tained in the staff report, the City Council finds:
1. That there are exceptional and extraordinary circumstances or
conditions applicable to the property which do not generally
apply to other properties in that the location and circum-
stances of the parcel favor granting the variance; the rear
property line abuts eaton wash which eliminates any possible
views into the neighbor's rear yard from the second story;
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 pro-
perty in question in that the existing property limits con-
struction possibilities and makes it difficult to accommodate
a dwelling without a variance; and
3. That the granting of the variance will not be materially
detrimental to the public welfare or injurious to adjacent
property in that the construction will result in a substan-
tial upgrade of the existing structure and the inclusion of a
new two car garage would screen vehicles from the public
view; and
4. That there are some special circumstances as provided in
Section 65906 of the California Government Code in that the
parcel is only 4,910 square feet, substandard in size and
irregular in shape which poses significant constraints and
restrictions to comply with all development standards.
SECTION 2. This project is categorically exempt from envi-
ronmental review in accordance with the State CEQA Guidelines.
SECTION 3. Accordingly, the Zone Variance 92 -1125 is ap-
proved, subject to the following conditions:
1. That the proposed development is in substantial compliance
with the submitted development plans date stamped April 16,
1992, except as modified herein.
Resolution No. 92 -3148 Page 2
2. The property owner shall remove all inoperable vehicles and
all outside storage and bring the property into compliance
with all property maintenance requirements to the satisfac-
tion of the City's Code Enforcement Officer within 60 days of
this approval or said approval shall be null and void.
3. All development standards applicable to single family con-
struction as defined in Section 9333 of the Temple City
Zoning Code be adhered to at all times.
4. No construction activity waste material of any kind, includ-
ing plaster, cement, paint, mud or any other type of debris
or liquid shall be allowed to be disposed of in the street or
gutter or storm drain or sewer system. Failure to comply
with this condition will result in charges being filed with
the District Attorney. (TCMC 3400 -3411)
5. Prior to issuance of a building permit, professionally drawn
construction plans shall be reviewed and approved by Commu-
nity Development and Public Works.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of origi-
nal resolutions.
PASSED, APPROVED AND ADOPTED on this 5th day of May, 1992.
/
MAYOR
I hereby certify that the foregoing Resolution, Resolution
No. 92 -3147, was adopted by the City Council of the City of
Temple City at a regular meeting held on the 5th of May, 1992, by
the following vote:
AYES: Councilmember- Breazeal, Manning, Wilson, McGowan
NOES: Councilmember -None
ABSTAIN: Councilmember -Budds
1
Resolution No. 92 -3148 Page 3
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We, the undersigned, hereby certify that we have read, approved
and accept the conditions stated.
Thanh Tran
1
Yen Tr