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HomeMy Public PortalAboutResolution 03-42211 1 RESOLUTION NO. 03 -4221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REVERSING A PLANNING COMMISSION ACTION AND APPROVING A REQUEST BY FERNANDO VIZCARRA TO ALLOW A REMODEL AND ADDITION TO AN EXISTING DWELLING WHICH WOULD RESULT IN A FRONT YARD SETBACK OF 15 FEET RATHER THAN THE REQUIRED 20 FEET ALONG A PORTION OF THE FRONT YARD AREA. THE PROPOSAL INCLUDES A NEW ATTACHED TWO -CAR GARAGE, THE ADDITION OF 181 SQUARE FEET TO THE FIRST FLOOR AND THE ADDITION OF A SECOND FLOOR COMPRISED OF 725 SQUARE FEET. THE SUBJECT PROPERTY IS LOCATED IN THE SINGLE FAMILY (R -1) RESIDENTIAL ZONE AT 5632 GOLDEN WEST AVENUE (ZONE VARIANCE 03 -1537) (VIZCARRA) 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 dated September 23, 2003 as well as the Planning Commission minutes; and based upon testimony received at a noticed public hearing before the City Council on November 4, 2003, the City Council hereby approves the Zone Variance based upon the findings set forth below: ZONE VARIANCE 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 lot is 60 feet wide by 111 feet deep, with only 6,915 square feet of land area; additionally, there is a curvature in Golden West Avenue exactly at the location of the proposed new two -car garage; this curvature in the street reduces the front yard area for this particular property and presents a unique circumstance; furthermore, the existing improvements on the lot greatly restrict and limit the property owner's ability to expand and remodel the home; 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 to the property in question in that other properties in the immediate area do not have a curvature in the street which restricts and reduces the available front yard area and many other properties have already been improved with standard two -car garages which removes the necessity of upgrading the garage parking; the proposed remodel and addition will make the property similar and comparable to other properties in the immediate area; 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 majority of the dwelling will be recessed 20 feet from the front property line; the requested 15 foot set back will be situated at a location where Golden West Avenue curves, such that the reduced set back will not be conspicuous or obtrusive; additionally, construction of a new two -car garage to replace the existing one -car garage will correct a non - conforming situation, which will have a positive impact upon the property as well as the surrounding neighborhood; and 4. That there are special circumstances as provided in Section 65906 of the California Government Code in that the subject lot is slightly undersized and is rather shallow and is currently improved with a single - family dwelling which greatly limits expansion possibilities; furthermore, the subject property is situated on Golden West Avenue, a local street which has a curvature exactly at the location where the proposed addition would be set back 15 feet rather than the typically required 20 feet from the front property line. Resolution No. 03 -4221 Page 2 SECTION 2. The project is Categorically Exempt from CEQA. SECTION 3. Accordingly, Zone Variance 03 -1537 is hereby approved, subject to the following conditions. 1. The proposed development shall be in substantial compliance with the submitted development plans, dated August 21, 2003, except as modified herein. 2. Building permits must be obtained for all remodeling work, all demolition and any new construction. 3. The proposed two -car garage shall provide a roll -up type sectional garage door, with an automatic garage door opener. 4. An encroachment permit shall be obtained for all work within the public right -of -way. 5. A covenant shall be recorded indicating that the former one -car garage shall be utilized as an accessory structure for storage purposes only. 6. Construction and demolition work shall be limited to between 7:00 a.m. and 6:00 p.m. 7. Noise shall not exceed the limits of the City's Noise Ordinance. During any construction and /or demolition, noise will be controlled by limiting work on the site to 7:00 a.m. through 6:00 p.m. 8. Disposal of Construction Waste: No construction activity waste material of any kind, including plaster, cement, paint, mud, or any other type of debris or liquid shall be allowed to be disposed of in the street or gutter, storm drain or sewer system. Failure to comply with this condition will result in charges being filed with the District Attorney. (TCMC 3400 -3411) 9. The building construction plans shall include a blue line sheet(s) showing each page of this Resolution including all conditions of approval contained herein. 10. The conditions of approval contained in this Resolution may be enforced by the Sheriff's Office as well as City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 11. This Resolution shall not become valid until all responsible parties have signed and agreed to the aforementioned conditions of this Resolution. PASSED, APPROVED AND ADOPTED on this 4th day of November 003. ATTEST: City Clerk ACTING MAYOR 1 1 1 1 1 1 Resolution No. 03 -4221 Page 3 I hereby certify that the foregoing resolution, Resolution No. 03 -4221, was adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of November, 2003 by the following vote: AYES: Councilmember - Arrighi, Capra, Wong NOES: Councilmember -None ABSENT: Councilmember - Zovak, Vizcarra ABSTAIN: Councilmember -None a 4--v4,60JuJL, City Clerk