HomeMy Public PortalAboutResolution 05-43551
RESOLUTION NO. 05 -4355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
APPROVING A ZONE VARIANCE TO ALLOW THE RETENTION OF AN EXISTING
CARPORT STRUCTURE WHICH IS SITUATED ALONG THE SOUTH PROPERTY LINE
INSTEAD OF THE REQUIRED FIVE FEET SIX INCH SET BACK IN THE R -1 ZONE AT
, 5230 HALLOWELL AVENUE (STEL)
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE:
SECTION 1. Based upon the information contained in the staff report to the City Council and based
upon information contained in the Planning Commission staff report as well as the Planning Commission
minutes of May 24, 2005; and based upon testimony received at a noticed public hearing before the City
Council on June 21, 2005, the City Council hereby reverses the Planning Commission's action and approves
Zone Variance 05 -1516 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 o such property, which do not generally apply to other
properties in the same zone in that the subject carport structure is existing, serves as an
existing covered parking area for the enjoyment of the property owners; the extraordinary
circumstances and condition in this particular case is the fact that the carport has been in
existence for a rather extensive period of time and the conditions of approval require that it be
removed upon the sale of the property; 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 ether properties in the City have similar carports located within the required
side yard setback. Denying the variance would require that the carport be removed
immediately- _which; would deny the current property owners the enjoyment and use of the
carport wh!le•they continue to live in the home; 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 carport will be required to
comply with - applicable building and safety codes. The conditions of approval help to ensure
that the granting of this variance will not be materially detrimental to the public welfare or
injurious to neighboring or adjoining properties and as a condition, the carport would eventually
be removed. The carport apparently existed for several years without having any adverse
effect upon neighboring properties, however, in the relatively recent past the property owner to
the south installed windows on their north building wall and the presence of the carport is
alleged to be the cause of rainwater leaking into the neighbors home; to remedy this situation
the applicant/property owner modified the carport structure so as to better protect against
rainwater splashing against the neighbor's dwelling; and
4. That there are special circumstances as provided in Section 65906 of the California
Government Code in that the subject carport is an existing structure.
SECTION 2. The project is Categorically Exempt from CEQA .
SECTION 3. Accordingly, Zone Variance 05 -1616 is hereby approved, subject to the following
conditions
1. Appropriate Building permits shall be obtained for the carport structure.
2. A covenant shall be recorded stating that the carport structure shall be removed upon the sale
of the property or transfer of title. Building permits shall not be issued until said covenant is
recorded with Los Angeles County and on file with the Community Development Department.
Resolution No. 05 -4355
Page 2
3. This Resolution shall not become valid until signed by the property owner(s) of the subject
property indicating their agreement to the aforementioned conditions of this Resolution.
PASSED, APPROVED AND ADOPTED on this 21st day of June, 2005.
ATTEST:
City Clerk
MAYOR
I hereby certify that the foregoing resolution, Resolution No. 05 -4355, was duly passed, approved
and adopted by the City Council of the City of Temple City at a regular meeting held on the 21st day of June,
2005 by the following vote:
AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
READ, APPROVED AND CONDITIONS ACCEPTED:
Gerard Stel, Property Owner Date
/ 42
Patricia Stel, Property-Owner
7- ,g7.-P,5
Date
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