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HomeMy Public PortalAboutResolution 03-41791 1 1 RESOLUTION NO. 03- 4179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVERSING THE PLANNING COMMISSION'S ACTION AND APPROVING A REQUEST BY LARRY HOCCOM AND KURT AIKENS FOR A ZONE VARIANCE TO ALLOW AN OPEN COVERED PORCH IN THE FRONT YARD AND SIDE YARD AREAS. THE PROPOSED OPEN PORCH WOULD BE 16 FEET INSTEAD OF THE REQUIRED 20 FEET FROM THE FRONT PROPERTY LINE AND WOULD BE SET BACK APPROXIMATELY 4 '/z FEET FROM THE STREET SIDE PROPERTY LINE, WHICH IS ESSENTIALLY A STRAIGHT LINE ADDITION OF THE EXISTING DWELLING. THE SUBJECT PROPERTY IS LOCATED AT 4449 TEMPLE CITY BOULEVARD IN THE SINGLE FAMILY (R -1) RESIDENTIAL ZONE. (HOCCOM /AIKENS) THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. Based upon information contained in the staff reports to the Planning Commission and the testimony received at noticed public hearings before the Planning Commission and based upon the Planning Commission minutes and based upon testimony received at a noticed public hearing before the City Council on June 3, 2003, the City Council approves the Zone Variance based upon the following findings: 1. That there are 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 is an unusually shaped corner parcel situated along a major thoroughfare in proximity to properties which are dissimilarly zoned for commercial, manufacturing and multiple - family uses. Furthermore, other lots along the same street have been improved with structures with varying front yard and side yard setbacks; therefore, a deviation from the criteria set forth in the Zoning Code is warranted; 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 subject property is improved with an older dwelling, which inhibits remodeling opportunities; other houses in the immediate neighborhood could do similar enhancements; 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 proposed encroachment consists of an open, covered porch, which would architecturally enhance the existing dwelling, without obstructing visibility. The proposed upgrades to the existing structure would have a positive impact upon the surrounding neighborhood and nearby uses; and 4. That there are special circumstances as provided in Section 65906 of the California Government Code in that the subject lot has an unusual shape and is a reversed corner lot along a major corridor; other properties along the same street, within the same block have buildings, which are set back varying distances from the public right -of -way. Although the property is zoned single family residential (R -1), it is not in a typical residential neighborhood; property across the street to the east is zoned for high density multiple family (R -3) while properties further north are zoned as commercial and nearby properties to the south are zoned for manufacturing uses. SECTION 2. The subject project is categorically exempt from the California Environmental Quality Act. SECTION 3. Accordingly, Zone Variance 03 -1521 is approved, subject to a condition that a covenant be recorded to Specify that the front porch remain open and unenclosed indefinitely. Said covenant shall be accompanied by a site plan and shall be approved as to form by the City Attorney. Construction plans shall be subject to review and approval of the Community Development Department at the time of building permit issuance. Resolution No. 03 -4179 Page 2 PASSED, APPROVED AND ADOPTED on this 17th day of June, 2003. MAYOR 7 ATTEST: aAW R, eiz-v■arit, City Clerk D I hereby certify that the foregoing Resolution, Resolution No. 03 -4179, was adopted by the City Council of the City of Temple City at a regular meeting held on the 17th day of June, 2003 by the following vote: AYES: Councilmember - Arrighi, Wong, Zovak NOES: Councilmember -None ABSENT: Councilmember- Capra, Vizcarra to—v-Jiu—dc, City Clerk 1