HomeMy Public PortalAboutResolution 01-40361
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RESOLUTION NO. 01- 4036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY DENYING A REQUEST BY VICTOR HAN FOR A ZONE VARIANCE
TO ALLOW THE RETENTION OF A LEGAL NON - CONFORMING
CARPORT WHICH WAS REPLACED WITHOUT BENEFIT OF PERMITS;
THE CARPORT IS ATTACHED TO THE EXISTING DWELLING WITH A
1 FOOT 4 INCH SIDE YARD SETBACK (INSTEAD OF THE REQUIRED 5
FOOT SIDE YARD SETBACK). THE SUBJECT PROPERTY IS
LOCATED IN THE LOW - DENSITY RESIDENTIAL (R -1) ZONE
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 July 17, 2001, the
City Council denies the 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 that the subject lot is larger than other typical R -1 zoned lots, containing 78 feet by 140
feet, which provides for a total lot size of 10,920 square feet; the subject lot is level in grade and
rectangular in shape; in fact, any hardship alleged by the applicant is self - imposed.
2. That such 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 subject property is comparable in size and shape to other properties in the immediate
neighborhood, which have improvements which are in compliance with the City's zoning regulations;
other properties in the same zone and the same vicinity would not be allowed to attach new and /or
additional structures with less than the required side yard setback; and
3. That the granting of the variance will be materially detrimental to the public welfare or injurious to
adjacent or neighboring properties in that the improvements in question are situated virtually on the
west property line; the granting of this request would result in an encroachment upon the abutting lot
to the west; and
4. That there are no special circumstances as provided in Section 65906 of the California Government
Code in that the subject lot in rectangular in shape, level in grade and large enough in size to
accommodate the existing dwelling and garage. The subject lot contains 10,920 square feet of area,
which is larger in size when compared to other standard -sized lots throughout the City. Further, the
subject lot has 78 feet of width; therefore, there is inadequate justification to allow a side yard
setback of less than the required five feet.
herein.
SECTION 2. Accordingly, Zone Variance 01 -1451 is denied, based upon the findings contained
PASSED, APPROVED AND ADOPTED on this 17th day of July, 2001.
ATTEST:
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City Clerk
Resolution No. 01 -4036
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hereby certify that the foregoing Resolution, Resolution No. 01 -4036, was adopted by the City
Council of the City of Temple City at a regular meeting held on the 17th day of July, 2001 by the following
vote:
AYES: Councilman - Souder, Vizcarra, Zovak, Gillanders
NOES: Councilman - Wilson
ABSENT: Councilman -None
City Clerk U
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