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PC - 1993-37 - Denying zone variance 93-2576 PC RESOLUTION 93-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DENYING ZONE VARIANCE 93-257 FOR PROPERTY LOCATED AT 4013 TEMPLE CITY BOULEVARD, ROSEMEAD. THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Planning Commission does hereby find and determine that an application was filed by Earl Scheib of California, Inc. to construct and operate a spray paint booth closer than the minimum distance of 200 feet from adjacent residential use for property located at: 4013 Temple City Boulevard, and that a public hearing 7:00 p.m. in the Council Valley Boulevard, Rosemead, date, place and purpose of that a public hearing was place. was duly scheduled for July 6, 1993, at Chambers of the Rosemead City Hall, 8838 California; and that notice of the time, the aforesaid hearing was duly given; and duly held at the aforementioned time and Section 2. The Planning Commission further finds that facts do not exist based upon Section 9171, et seq. of the Rosemead Zoning Code, justifying the granting of a zone variance. Section 3. The Planning commission further finds: 1. That the applicant has not sustained his burden of proof that the variance will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the M-1 zone in which the subject property is situated. 2. That such variance will be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. 3. That the applicant failed to show any special circumstances applicable to subject property, including size, shape, topography, location or surroundings that would justify variance from the strict application of the zoning ordinance. 4. The subject property is not deprived of privileges enjoyed by other properties in the vicinity and under identical zone classification. Section 4. Based on the aforementioned findings, the Planning commission hereby denies the zone variance with respect to the property described in Section 1. Section 5. This action shall become final and effective ten (10) days after this decision by the Planning Commission unless within such time, a written appeal is filed with the City Clerk for consideration by the City Council as provided in the Zoning Ordinance. q 0 9 PC Resolution 93-37 page 2. Section 6. This resolution is the result of an action taken by the Planning Commission on July 6, 1993, by the following vote: YES: Lowrey, Ruiz, Breen, Ortiz NO: None ABSENT: None ABSTAIN: Young ADOPTED this 19th day of July, 1993. ROBERT K. YOUNG, CHAIRMAN Resolution 93-37 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 19th day of July, 1993, by the following vote: YES: Lowrey, NO: None ABSENT: None ABSTAIN: None Ruiz, Young, Breen, Ortiz