HomeMy Public PortalAboutResolution 94-33021
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RESOLUTION NO. 94 -3302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY SUSTAINING THE PLANNING COMMISSION'S DECISION TO
DENY ZONE VARIANCE 93 -1189, A REQUEST BY THE CASA
ROBLES TO ALLOW A TRELLIS STRUCTURE WITH A 14 FOOT
SETBACK RATHER THAN THE REQUIRED 20 FOOT SETBACK
FROM THE ENCINITA AVENUE PROPERTY LINE LOCATED AT
6355 OAK AVENUE IN THE SINGLE FAMILY (R -1) ZONE.
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 facts contained in the Planning Commission Minutes and staff report, the City Council fmds:
1. That there are no exceptional and 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 western portion of the subject site where the multipurpose
facility would be constructed is 143,889 square feet in size, generally level in grade and contains
22 single family residences; and
2. That such a variance is not 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 the proposed building can be constructed within the parameters of the code. While the
proposed trellis would have added a desirable architectural feature, it was not an essential element
of the structure; and
3. That the granting of the variance will be materially detrimental to the public welfare or injurious
to adjacent property in that the allowance of a trellis closer than the required 20 feet could set a
precedent for future developments in the area; and
4. That there are no special circumstances as provided in Section 65906 of the California Government
Code in that the subject site is large enough in size and shape to adequately accommodate the
multipurpose facility without encroaching into the 20 foot setback.
SECTION 2. This project should not result in significant effects upon the environment and a
Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial
statement as prepared indicates there is no potential for adverse impact to the environment generally and
specifically as it relates to all wild animals, birds, plants, fish, amphibians, and related ecological
communities, including the habitat upon which the wildlife depends for its continued viability.
SECTION 3. Accordingly, Zone Variance 93 -1189 is denied.
SECTION 4. The City Clerk shall certify to passage and adoption of this resolution and enter
it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON 18TH DAY OF L ARY, 1994.