HomeMy Public PortalAboutResolution 97-36191
RESOLUTION NO. 97 -3619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY REVERSING THE PLANNING COMMISSION'S DECISION AND
CONDITIONALLY APPROVING A ZONE VARIANCE TO LEGALIZE
EXISTING STRUCTURES WHICH ARE SITUATED ALONG THE
EAST PROPERTY LINE (RATHER THAN FIVE FEET THEREFROM)
IN THE SINGLE FAMILY RESIDENTIAL (R -1) ZONE AT 9936
HOWLAND DRIVE (MULLEN) (ZV 97- 1310).
WHEREAS, based upon testimony received at a noticed public hearing on August 5, 1997, and
upon information provided in the Staff Report and provided by the property owner and the property
owner's legal representation and upon the Minutes of the Planning Commission dated June 24 and July
8, 1997, and upon information provided in staff reports to the Planning Commission, the City Council of
the City of Temple City does hereby resolve as follows:
SECTION 1. This project is categorically exempt from environmental review in accordance with
the State CEQA guidelines.
Section 2: The City Council hereby approves Zone Variance 97 -1310 based upon the following
findings, subject, however, to the conditions hereafter set forth:
1. As presently constructed, the structure does not comply with "fire wall" requirements, nor is it
certain that the structure does not encroach onto other properties.
2. Until these problems are alleviated, the granting of the Variance as applied for could be materially
detrimental to neighboring properties and the granting of a Variance would be inappropriate.
3. When such problems are corrected, then a finding of 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 that the Los Angeles Tax Assessor records confirm that
the rumpus room and covered walkway which connects the house to the existing two -car garage
have been in existence since 1948 would be appropriate; and
4. When such problems are corrected, then a fmding of necessity for the pres.rvation and enjoyment
of a substantial property right possessed by other properties similarly situated but which is denied
to the property in question in that the subject lot was initially developed in such a way that
expansion to the east provided for a more usable development configuration; other properties in
the immediate vicinity have accessory buildings situated on or near the side and rear property line
and denial of this request would deprive the property owner of the right to enjoy current
improvements on the property would be appropriate; and
5. When such problems are corrected; then a fmding 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 improvements in question have been in place for approximately 50 years and no adverse
effects have been realized; furthermore, the property owner has agreed to make building
modifications so as to ensure that adequate fire wall protection is provided; additionally, the
subject improvements which are situated along the east property line of the subject site, are
situated in pr mdmity to a detached garage situated on the abutting lot to the east which, in effect,
buffers the subject improvements from the habitable areas on the abutting lot would be
appropriate; and
6. When such problems are corrected, then a finding that there are special circumstances as provided
in Section 65906 of the California Government Code in that the improvements in question were
done prior to the City's incorporation and remedying the situation would cause substantial
hardship upon the property owner because it would necessitate a substantial reconstruction of
Resolution No. 97 -3619
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improvements on the property; said existing improvements pose unique and unusual circumstances
in this particular instance, would be appropriate.
SECTION 3. When such conditions are corrected, a Variance to legitimize the existing
construction shall be granted, otherwise it shall be denied.
SECTION 4. The above action to conditionally approve the subject Zone Variance shall be
contingent upon the two following conditions:
1. That the property be surveyed by a licensed surveyor or registered civil engineer so as to
substantiate the exact location of the property line in relationship to the above- referenced
improvements; and
2. That the east building wall of the subject improvements be upgraded so as to serve as a fire wall,
with no openings.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 5th day of August, 1997.
ATTEST:
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City Clerk
1, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 97 -3619, was adopted by the City Council of the City of Temple City at a regular meeting held on the
5th day of August, 1997, by the following vote:
AYES:
NOES:
ABSENT:
Councilman - Breazeal, Brook, Wilson, Gillanders, Souder
Councilman -None
Councilman -None
City/Cle-rk
Read & approved and conditions accepted
Dated:
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