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HomeMy WebLinkAbout1-12-93Planning Commission proceedings are taped recorded and on file in the office of the Planning Dept. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, January 12, 1993 The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 12, 1993 at 7:30 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Tom Clark presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Amato, Daggett, Hedlund, Huang, Clark ABSENT: None MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. MINUTES It was moved by Commissioner Amato, seconded by Commissioner Daggett to approve the Minutes of December 8,1992 as amended. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: Councilman Bob Margett City Attorney Michael Miller Planning Director William Woolard Assistant Planning Director Donr 1 Butler Assistant Planner William Stokes Secretary Silva Vergel PUBLIC HEARING MC 92-065 239 W. Las Flores Ave. Cheng Hung Development, Inc. Consideration of an appeal of the Modification Committee's denial of an existing 5' -10" decorative wall /wrought iron fence, with light fixtures, located in the front yard at a single - family home in the R -1 zone in lieu of 4' -0" allowed. The staff report was presented. In response to questions by Chairman Clark, staff said that the lamps on top of the pillasters were measured at 6-6 ". The site plan that was submitted showed them to be 5'10 ". The public hearing was opened. No one spoke in favor of or in opposition to this item. Arcadia City Planning Commission 1/12/93 Page 1 It was brought to the Chairman's attention that the applicant was in the audience and because of possible language barriers he may have not understood clearly that he may present his case. For that reason, Ms. Butler approached the applicant and explained that if he would like to make any statements he should do so before the closing of the public hearing. The applicant did not wish to address the Commission. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Amato to to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Hedlund said that he was on the Modification Committee during the hearing and they denied the request. They felt that walls and lights should be built to Code and modifications should not be granted after construction. He felt that they built this knowing they would be in violation and then asked for modification, hoping for approval. Chairman Clark agreed and said that there is a purpose for having the Code and they should comply. Both Commissioners Amato and Daggett agreed. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Amato to deny the appeal of MC 92-065 and find that it will not secure an appropriate improvement, nor prevent an unreasonable hardship, nor promote uniformity of development. ROLL CALL: AYES: NOES: Commissioners Amato, Daggett, Hedlund, Huang, Clark None Chairman Clark noted that there is a five working day appeal period. PUBLIC HEARING MC 92 -070 2226 Cielo Pl. Russell Liska The staff report was presented. Consideration of an appeal of the Highland Homeowner's Association's denial for an 8' -0" wall along the westerly property line in lieu of 6' -0" and appal of Modification Committee's denial of a 14' -0" high chain link fence around the perimeter of a 14' high raised recreational deck area, for a total height of 28' -0" above grade, in lieu of a maximum height of 16' -0" allowed for accessory structure. Staff remarked that there were no findings submitted by the Homeowner's Association with regard to reasons for denial of the 8' -0" high block wall. Ms. Butler explained that the reason the Committee did not address the 8' -0" high block walls, was that the Highland Homeowner's Association denied this request and the Modification Committee does not have the authority to act on appeals of homeowners association's denial. The Planning Commission hears appeals to the homeowner's associations. Arcadia City Planning Commission 1/12/93 Page 2 The public hearing was opened. Russell Liska, 2226 Cielo Pl, the owner was present. He explained that in the summer of 1991, there existed an 8' high wall existed along the westerly property line that was constructed many years ago. The Sierra Madre earthquake damaged that wall. The City's Building Inspectors condemned the wall and said that it would have to be replaced. At his expense he removed the wall and built the new wall on his property. The new wall is built with 8" cinder block. The new wall at its current height (approximately 6' -0") offers no privacy which they had previously enjoyed prior to the earthquake and the City's requirement that the 8' -0" high wall be taken down. The height of the current wall at two locations are 5'-6 ", and 5' -10" at another location on the neighbor's side of the wall. This application requests that the wall be raised with an additional three blocks and one cap block; thereby adding an additional 26" in height to the current height for a total of 7-4" on his side. This addition will make the wall 7-8" at two locations and 8' -0" at another location, on the neighbor's side. He felt that the above request is fair and reasonable since the City made him remove the previous 8' wall due to earthquake damage and in return he asked that his privacy be restored by allowing him to rebuild the wall to the previous height. He said that he has two young daughters and providing privacy for them is very important. With regard to the basketball court, he said that his youngest daughter visits him two weekends a month and she is an excellent athlete. Her coach has required her to practice and the court will enable her to practice when she is with him. Because of the hillside, this court is 14' above grade, he is requesting putting a 14' chain link fence around the court. This is for both the safety of his children or any one playing as well as the neighbors below. He will plant vines to cover the fence. He remarked that the court will not be visible -om the street nor from the property owner below. He read a letter from Ms. Agnes Grohs, owner of property at 2230 Cielo Pl. which in part stated that the court will not be visible by any one but her and she remarked that she was not against a 14' chain link fence. She felt that their home has added to the property values and could not see how the fence would hurt any one. Julie Liska, 2226 Cielo Pl., concurred with her father and said that she is very concerned with the privacy issue. Privacy is very important to her and they did have it with the previous wall and would like to have it back. She said that their whole family will utilize the basketball court, and not only the younger sister. Dr. Spanier, 2222 Cielo Pl., spoke against the appeal and said that the old wall was not damaged because of the earthquake but it was poorly constructed. He said that the proposed wall is ugly and he will have to look at it. Dr. Carolyn Spanier, 2222 Cielo Pl., said that they lost their privacy with the building of Liska's two -story home and no one ever addressed that issue. Joan Oakes, 2169 Highland Vista, said that her property is below the subject lot. She felt that the wall built on hillside undermined the natural flow of the water and during last years rains, her pool was flooded with mud that came down the hillside. They are presently in litigation with regard to this matter. She did not believe that Mr. Liska would plant ivy to hide the proposed fence. She remarked that it is difficult to accept anything Mr. Liska has said, since he has never followed through with any of his other promises. With regard to the basketball court, she suggested utilizing many of the City's parks, instead of building a basketball court, especially since his daughter will only visit twice a month and does not live there on a permanent basis. She was concerned and anticipated that lights would be installed on the court and that they would be very bright and would shine down the hill. In her opinion, this property has not added to property values, rather it has been impossible to sell her property. Arcadia City Planning Commission 1/12/93 Page 3 Linda Barwick, 2173 Highland Vista, said that in February of last year there was approximately 6' of mud that came down on Ms. Oakes' property after the construction of the retaining wall. It has taken Ms. Oakes almost one year to dean it up and to date it has not been restored to its previous condition. Ms. Oakes' property will be directly below the basketball court and the subject fence will be an eye sore and is inappropriate for this site. Since their property is below the construction site, they are fully aware of all the dirt and trash. Norma Altschuler, 2231 Cielo Pl., said that her house is directly across the street from the Liska's home. She suggested putting up window coverings, since they are so concerned with privacy because she can see their house dearly from her home. She questioned Mr. Liska's comments and said it was difficult to believe what he says. His new house has taken away their view. She also remarked that his daughter should use parks that are available instead of building a basketball court just for her who does not reside there. In rebuttal, Mr. Liska tried to address comments made by his neighbors with regard to the second -story home, the law suit and the crib block wall. Mr. Miller said that these comments are irrelevant and asked that Mr. Liska not perpetuate the problem. The Commission ignores all comments that are irrelevant and remarked that the Commission will address the issues that pertain to the request. Mr. Liska asked that his requests be granted. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Amato to to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Hedlund stated that to allow a person to put a basketball court in the back yard would be acceptable if the property could accommodate it but this would be stretching the use of the property. He thought that the problem of privacy is not only on the hillside properties but is all over the City. Privacy problems can'tbe resolved by building higher and higher walls. Chairman Clark said that there are rules and regulations that set limits on how a property is used and height on walls whether it is in the hillside or elsewhere. In his experience as a Commissioner, privacy has always been an issue. Commissioner Amato agreed. Commissioner Huang did not that think the placement of the basketball court is in an appropriate location, especially since it will have an overall height of 28'. He did not have any problems with having the wall 8' in certain locations. Staff commented that the height of a wall is measured from the lowest adjacent grade and in this case the Spanier property is lower, so the wall on their side is 6' -0" even though on Liska's property it may not measure at 6' MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Amato to deny MC 92-070 and find that it will not secure an appropriate improvement, nor prevent an unreasonable hardship, nor promote uniformity of development. Arcadia City Planning Commission 1/12/93 Page 4 ROLL CALL: AYES: NOES: Commissioners Amato, Daggett, Hedlund, Huang, Clark None Chairman Clark noted that there is a five working day appeal period. PUBLIC HEARING MC 92 -073 1320 S. Second Ave. Adel B. Moufarrej for American Lombard Corp. Consideration of an appeal of the Modification Committee's denial of 6' -0" high decorative wall /wrought iron fence with light fixtures, located in the front yard, at a new single - family dwelling in the R -1 zone in lieu of 4' -0" allowed. The staff report was presented and the public hearing was opened. Adel Moufarrej, 701 Callita, representing American Lombard Corp., apologized for not attending the Modification Committee meeting and explained that there were some family problems that he needed to tend to. He said that there are many homes on this street that have similar types of gates and he could not see why his request was denied. He said in regard to the light fixtures that to the north of this property, there is at least 900' before the next street light. They are concerned with the safety of the homeowners. Ed Galvin, 1400 S. Second, spoke in favor of the request. He said that in his experience, this type of lighting adds security. Ben Nakamuru, 1328 S. Second Ave., said that some areas of Second Ave. are darker than others and this area would benefit from the lights provided by the subject property. J. Strange, 1312 S. Second, was in favor of the request. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. In response to a question by Commissioner Huang, staff said that although an exact number of homes with similar fences is not available, there are some homes with gates in the front yard. Mr. Moufarrej said that he knows the number of homes with fences and Chairman Clark said that since the public hearing is dosed he may not speak. Mr. Moufarrej submitted photos of homes with 6' high gates. Staff said that he was not aware of street lights and /or their locations. Chairman Clark said that when he visited the site, he noted that there is a street light to the south of this property but did not check to see how far north the nearest street light is located. He said that he prefers that the City provide street lights rather than every house having its own lights in the front yard. He did not think that this should be a private effort. Commissioner Hedlund remarked that street lighting is very important and hoped that the City would not want to light the streets by what is being proposed. Arcadia City Planning Commission 1/12/3 Page Commissioner Daggett could not see why the gate has to be 6' in height. He thought that if a 4' high gate does not keep burglars out, a 6' high gate will not do it either, however, he was not opposed to the light fixtures. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to deny MC 92 -073 and find that it will not secure an appropriate improvement, nor prevent an unreasonable hardship, nor promote uniformity of development. ROLL CALL: AYES: NOES: Commissioners Amato, Daggett, Hedlund, Huang, Clark None Chairman Clark noted that there is a five working day appeal period. Mr. Moufarrej tried to make a compromise with the Commission and asked if the Commission would be in favor of reducing it to 5'. Chairman Clark explained to Mr. Moufarrej that the Commission's action is final and he may appeal the decision to the City Council. He suggested contacting staff in the morning. PUBLIC HEARING MP 93-001 612 W. Londgen Ave. George Athas Consideration of the following modifications for first and second floor additions to the existing dwelling: A. Interior and street side yard setback modifications for both the first and second floors. B . Rear yard setback modification for the second floor. The staff report was presented. Staff said that with this proposed addition there will be more rear yard area gained because the garage is being removed. The second story addition aligns with the existing house which is setback at 34'. A typical reverse corner lot setback is 20' and in this case because of the special setback along Longden it is 35'. Chairman Clark said that he visited the site and in his opinion the requests were not major. The public hearing was opened. Frank Ayala, 15131 Fairgrove, La Puente, was there representing the owner and to answer any questions. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Amato, seconded by Commissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Daggett said that this is a small conglomeration of buildings for a pretty good size lot with a lot of setback requirements. It does not seem to be an obnoxious building. Arcadia City Planning Commission 1/12/93 Page 6 MOTION It was moved by Commissioner Daggett, seconded by Commissioner Amato to approve MP 93 -001. ROLL CALL: AYES: NOES: Commissioners Amato, Daggett, Hedlund, Huang, Clark None Chairman Clark noted that there is a five working day appeal period. PUBLIC HEARING TA 93-001 Consideration of a text amendment adding regulations to the R-0 and R -1 zones prohibiting below grade and subterranean garages. The staff report was presented and the public hearing was opened. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Daggett complemented staff and said that it is a wonderful report. Commissioner Hedlund asked if the fees would be the same as a modification. Staff explained that there would be fees and justified them by saying that the procedure would require notification of neighbors and the preparation of a staff report. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Amato to recommend approval of TA 93-001 to the City Council. ROLL CALL: AYES: NOES: Commissioners Amato, Daggett, Hedlund, Huang, Clark None AUDIENCE PARTICIPATION None Arcadia City Planning Commission 1/12/93 Page 7 RESOLUTION 1493 RESOLUTION 1494 Mr. Woolard read the titles of the resolutions. A resolution granting CUP 92 -012 to add a garden room to the existing Marie Callender's Restaurant at 820 S. Baldwin Ave. A resolution granting CUP 92 -013 to operate a tutorial school at 1135 W. Huntington Drive. MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to adopt resolutions 1493 and 1494 and to formally affirm the decisions of December 8, 1992 and the ,-tes thereon. ROLL CALL: AYES: NOES: Commissioners Amato, Daggett, Hedlund, Huang, Clark None Chairman Clark noted that there is a five working day appeal period. MATTERS FROM COUNCIL Councilman Margett apologized for having missed so many meetings recently and said that he has been appointed the City representative to attend the San Gabriel Water Quality Authority meetings which are scheduled at the same time as Commission meetings. He talked about the proposed Architectural Design Review (ADR) and said that it is very important to continue with the discussions. He remarked that Mayor Fasching had suggested to him that if a Commissioner is unavailable to attend the meeting, then an alternate Commissioner can attend in his place. With regard to street lights brought up by one of the items tonight, he said that if street lights are needed then Council should address that issue. He informed the Commission that Council meetings are televised. MATTERS FROM COMMISSION Commissioner Huang asked to be excused from the Commission's January 26th meeting. In answer to questions by the Commission, staff said that originally there were two Councilmembers and two Commissioners appointed to the ADR Committee, Councilmembers Harbicht and Margett and Commissioners Hedlund and Huang. Mayor Fasching appointed Commissioner Daggett to the Committee at a later date. The Commission thought that it would be a good idea to have alternate members attend. Arcadia City Planning Commission 1/12/93 Page 8 MATTERS FROM STAFF Mr. Woolard said that new lights were installed in the Council Chambers. ADJOURNMENT 9:35 p.m. / Secretary, Arcadia Planning Commission Arcadia City Planning Commission 1/12/93 Page 9