HomeMy Public PortalAboutResolution 01-40511
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RESOLUTION NO. 01- 4051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY DENYING A REQUEST FOR A ZONE VARIANCE TO ALLOW A
100 -FOOT WIDE LOT TO BE SUBDIVIDED WITH A FLAG LOT;
DENYING ANY ZONE VARIANCE RELATIVE TO RETAINING THE
EXISTING GARAGE OR OTHER IMPROVEMENTS ON THE LOT; AND
DENYING TENTATIVE PARCEL MAP 26281 FOR PROPERTY IN THE
SINGLE FAMILY RESIDENTIAL (R -1) ZONE LOCATED AT 4935
BALDWIN AVENUE (MURREY /MACKAY)
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 November 6, 2001,
the City Council denies the Tentative Parcel Map and Zone Variance to allow a flag -lot subdivision of a 100 -
foot wide lot and denies any additional variances relative to retaining existing improvements on the lot, 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 lot is larger than other typical R -1 zoned Tots; 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 retain existing
improvements on the lot without required setback; the property owner may continue to utilize the
property for permitted residential purposes; 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 approval of the requested variance(s) could result in
buildings which are situated too close to newly created property lines and would have the affect of
doubling the existing density by permitting a second dwelling unit on a lot which is not typically
allowed to be subdivided in a flag lot configuration; 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 a residential use as set forth in the Zoning Code. The applicant's desire to retain
existing improvements without adequate building setbacks is based upon monetary considerations
rather than limitations imposed by the configuration of the land.
SECTION.2. Accordingly, Zone Variance 01 -1457 and Tentative Parcel Map 26281 are denied,
based upon the findings contained herein.
Resolution No. 01 -4051
Page 2
PASSED, APPROVED AND ADOPTED on this 6th day of November, 2001.
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ATTEST:
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City Clerk
I hereby certify that the foregoing Resolution, Resolution No. 01 -4051, was duly adopted by the City
Council of the City of Temple City at a regular meeting held on the 6th day of November, 2001 by the
following vote:
AYES: Councilman - Souder, Vizcarra, Zovak, Gillanders
NOES: Councilman - Wilson
ABSENT: Councilman -None
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City Clerk
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