HomeMy Public PortalAboutResolution 03-41791
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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
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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
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