Loading...
HomeMy Public PortalAboutResolution 95-34201 1 RESOLUTION NO. 95 -3420 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING ZONE VARIANCE 95 -1233 TO ALLOW AN ACCESSORY BUILDING WHICH IS APPROXIMATELY 19 FEET IN HEIGHT RATHER THAN THE MAXIMUM PERMITTED HEIGHT OF 15 FEET FOR THE PROPERTY LOCATED AT 4924 HALIFAX ROAD IN THE SINGLE FAMILY (R -1) ZONE. (FELIX) 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 dated May 9, 1995, the City Council fmds: ZONE VARIANCE 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not generally apply to other properties in the same zone in that the lot is a total of 9,610 square feet in size and the accessory building has setbacks which will buffer the structure from neighboring properties; the 19 foot high accessory building was framed with an incorrect roof slope which resulted in the additional building height, however, the additional building height occurs at the center of the building and does not infringe upon neighboring properties; additionally, the lot contains certain structural improvements which were completed without benefit of permit and the accessory building will assist in correcting the existing on -site code violations; and 2. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties similarly situated but which is denied the property in question in that the property contains enough space for a 19 foot high accessory building with appropriate building setbacks; and 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to adjacent or neighboring properties in that the roof of the accessory building is sloped with the 19 foot peak height Occurring at the center of the structure; additionally, conditions have been incorporated into the resolution to address areas of concern. 4. That there are special circumstances as provided in Section 65906 of the California Government Code in that the lot is larger than the minimum sized lot and the accessory building has appropriate setbacks from the rear and side property lines which may not be possible on a smaller sized R -1 zoned parcel. SECTION 2. This project is categorically exempt from environmental review in accordance with the State CEQA Guidelines. SECTION 3. Accordingly, the Zone Variance is approved, subject to the following conditions: 1. Clarified plans shall be submitted which provide for a fire wall from the slab to the roof separating the garage portion of the structure from the guest quarters. 2. A construction note shall be added to the plans which indicates that no drywall shall be installed on the joists of the garage portion of the structure; i.e. the garage portion of the structure shall be clear from the slab to the roof. Resolution No. 95 -3420 Page 2 3. The construction plans shall indicate that no stairs or permanent ladder shall be installed or constructed which would provide access from the ground floor to the attic area above the garage. 4. The structure should reflect the original plans which indicate no windows on the second level at the gable ends of the accessory building. 5. The furnace shall be resituated so that it is situated above the living quarters and an attic access from the guest house to the attic area shall be provided. 6. The existing two -car garage shall be removed prior to the final inspection of the new accessory structure by the City's Building Inspector. Construction of the new accessory structure shall be complete within 120 days of the approval date. If construction of the new accessory building is not complete and if the existing garage structure is not removed within 120 days, this variance request shall be renoticed and reconsidered by the Planning Commission and the City Council. 7. The illegal patio enclosure shall be removed within 30 days of the approval date; if the illegal patio enclosure is not removed within 30 days, this approval shall be null and void. 8. The property owner shall sign an affidavit acknowledging that he is the property owner of 4924 Halifax Road, that he has read and understood all of the above enumerated conditions of approval, that he accepts and is willing to abide by all of the above conditions of approval and that he understands that this approval shall be null and void if the conditions of approval are not adhered to in perpetuity. 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 6TH DAY OF JUNE, 1995. e. /Le5rt7AA'a. S. 721,a a� MAYOR I hereby certify that the foregoing Resolution, Resolution No. 95 -3420 was adopted by the City Council of the City of Temple City at a regular meeting held on 6th day of June, 1995 by the following vote:. AYES: Councilman - Budds, Gillanders, Wilson NOES: Councilman- Souder, Breazeal ABSENT: Councilman -None 1 1