HomeMy Public PortalAboutResolution 99-37741
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RESOLUTION NO. 99 -3774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
REVERSING THE PLANNING COMMISSION'S DECISION AND DENYING
ZONE VARIANCE 99 -1385 A REQUEST TO PERMIT TWO BALCONIES IN
CONJUNCTION WITH THE CONSTRUCTION OF AN 870 SQUARE FOOT
SECOND -STORY ADDITION TO AN EXISTING DWELLING AT 5702 OAK
AVENUE (LEVIN/ONTIVEROS/WU)
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE:
SECTION 1. Based upon information contained in the staff report to the City Council and information
contained in the Planning Commission staff report as well as the Planning Commission minutes; and based upon
testimony received at a noticed public hearing before the City Council on September 7, 1999, the City Council
denied the requested zone variance, based upon the following findings:
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 subject property contains an existing dwelling on a rectangular and level lot; the 870
square foot addition can be attained without the need of a variance; and
2. That such variance is not necessary for the preservation and enjoyment of a substantial property right
possessed by other properties similarly situated but which is denied to the property in question in that
denial of this variance would not deny the property owner the use of his property or the possibility of
constructing a second -story addition to the existing dwelling; and
3. That the granting of the variance will be materially detrimental to the public welfare or injurious to
adjacent properties in that the proposed second story balconies would result in a second story addition
which would appear to be out of scale with other homes in the neighborhood; and would adversely impact
neighboring properties by a perceived or actual loss of privacy; and
4. That there are no special circumstances as provided in Section 65906 of the California Government Code
in that the subject property is rectangular in shape, level in grade and comparable in size to other similar
properties throughout the City.
SECTION 2. Accordingly, Zone Variance 99 -1385 is denied.
SECTION 3. 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 21ST DAY OF SEPTEMBER, 1999.
A'll'EST:
City Cl rk
MAYOR PRO TEM
I hereby certify that the foregoing Resolution, Resolution No. 99 -3774 was adopted by the City Council of
the City of Temple City at a regular meeting held on 21st day of September, 1999 by the following vote:
AYES: Councilman - Gillanders, Souder, Wilson, Breazeal
NOES: Councilman -None
ABSENT: Councilman -Brook
City Cle