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HomeMy WebLinkAbout4923 , v RESOLUTION NO. 4923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING IN PART AND DENYING IN PART M-80-l36 FOR 1031 SOUTH TENTH AVENUE uPON APPEAL FROM THE PLANNING COMMISSION AND MAKING FINDINGS OF FACT. WHEREAS, on October 28, 1980 the Planning Commission, after a duly noticed public hearing, reviewed and denied M-80-l36 filed by George and Pauline Kallimanis for their property at 1031 South Tenth Avenue, Arcadia, hereinafter referred to as "subject property". WHEREAS, the applicant appealed the decision of the Planning Commission to the Arcadia City Council and a duly noticed public hearing was held on said appeal before the City Council on November 18, 1980, at which time all interested persons were given full opportunity to be heard and to present evidence, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AND DETERMINE AS FOLLO\olS: SECTION 1. That we hereby make the following findings of fact: APPLICANT: George and Pauline Kallimanis LOCATION: 1031 South Tenth Avenue REQUEST: The applicants are requesting the following modifications in order to allow a completed stable and second-story addition to remain: A. To allow for a zero southerly side yard setback for an accessory building in lieu of 5'-0" required (9252.2.4). B. To allow for an accessory building to be two stories, 21 feet in height in lieu of one story, 16 feet in height allowed (9252.2.11). C. To allow a total accessory building area of 4,548 square feet in lieu of 888 square feet allowe~ (9252.2.11). Single-family dwelling and accessory buildings, zoned R-l. EXISTING LAND USES & ZONING: SURROUNDING LAND USE & ZONING: Properties surrounding the subject property are developed with single- family dwellings, zoned R-l. LOT AREA: Approximately 49,470 square feet. FRONTAGE: 66.5 feet along "Tenth Avenue. GENERAL PLAN: Single-family residential (0 - 6 DU/AC). Improvements pertaining to subject modification are depicted in Exhibits A, B, C, and D attached hereto which are by this reference incorporated herein. The square footage of the accessory buildings on the subject property totals 4,548 square feet (360 sq. ft. garage, 240 sq. ft. hay barn, 1,320 sq. ft. northerly single- story stable, 2,088 sq. ft. southerly stable, and 540 sq. ft. second story addition to the southerly stable. A building permit had been obtained in 1964 by a prior property owner for the 1,320 sq. ft. northerly single-story stable. Building permits were not obtained for either the 2,088 sq. ft. southerly stable or the 540 sq. ft. second story addition. The second-story addition was recently completed even though a stop work order had been issued by the Building Division as early as February, 1980. The applicant will be required to submit plans and structural calculations in order to obtain the required building permits. -1- 4923 Section 9252.2.4 of the Arcadia Municipal Code sets forth the requirements govern- ing side yard setbacks, and states in part as follows: "SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than five (5) feet. (1.52 meters) in width..." The applicant has constructed the southerly stable without any setback. Section 9252.2.11 of the Arcadia Municipal Code sets forth requirements governing accessory buildings, and states as follows: "ACCESSORY BUILDINGS. Accessory buildings shall not occupy more than 25% of a required rear yard and shall not be located within three feet of a rear lot line, nor within ten feet of another building. An accessory building shall not have more than one story and shall not exceed sixteen feet in heIght. The total floor area of accessory bui::'dings shall not exceed 50% of the ground floor area of the main building; if required parking space is detached from the main buildIng, said total area may be increased by 200 square feet." The second story addition mayor may not be used for storage. The construction of the balcony on the west end of the second story addition with door and window do not appear to serve any functional storage purpose. The side is large enough to have accommodated this square footage in a single-story structure. The City Council does not find any justification for the second story addition. In June, 1976 the Planning Commission approved a modification application for a barn at 1121 South Tenth. Said barn was located along a side"yard property line, 18 feet high including hay loft area, and contained 2,681 square feet. The loft area of the barn was incorporated into the overall design of the structure. At the time that this modification was heard before the Planning Commission there was no written or oral opposition to the requested modifications from ~ny neighbors. Several neighbors to the rear of subject property, including those at 1028 and 1034 South Ninth Avenue, Arcadia, testified that the second story addition was unsightly and it invaded their right of privacy. We hereby find that the second story addition to the accessory structure unnecessarily invades the right of privacy of the neighbors at 1028 and 1034 South Ninth Avenue. Any hardship on applicants was self-imposed by constructing the second story addition without a building permit and in violation of the Arcadia Zoning Ordinance. A two-story accessory building would not be an appropriate improvement nor would it prevent an unreasonable hardship, nor promote uniformity of development. SECTION 2. That based on the above findings, we hereby deny that part of the modification requesting an accessory building to be two stories and 21 feet in height, in lieu of one story and 16 feet in height. SECTION 3. We hereby grant that portion of the modification to allow for a zero southerly side yard setback for an accessory building in lieu of 5 feet required, and to allow a total accessory building area of 4,008 square feet in lieu of 888 square feet allowed, on the condition the accessory building remains an open structure, in accordance with plans approved by and on file with the Arcadia Building Department. SECTION 4. That the Clerk of the Council shall certify to the adoption of this resolution. -2- 4923 I HEREBY CERTIFf that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 2nd day of December, 1980 by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Dring, Saelid and Pellegrino NOES: Councilman Haltom ABSENT: Councilman Gilb ~~~Zrn-"M< L City Clerk 0 the City of Arcad.ia SIGNED AND APPROVED this 2nd day of December, 1980. ~~ City Clerk / -3- 4923 -t J .........,1'--,..,.... "I-+~' '2 u E ~ i ~ If\n.... ',I <;) J I +.Cl ~Il\_ () ~? <{l . IJ8' . , " , ,...~ " (4. ., , < "~ ~ ~ /', '(.',' -'J'~ "'F;q" ~ I ~ 1) i) " < l , _....A:~9 f.'L;'- \. '1'},...""r'~".."d'}') 't Y. . . , ~ ~ . i ~ .... < u ~ v" . .~ " 'II " , " ',. ~ ~ .t ,J O':'J ~ ~ . .' , '" . -\!) .. ~'IP'...,. "d'__"_d PLOT PLAN ~ b <Xl tll a ~ i ~ . 01' Do! ~ 3 . < -;1 ~ I. :1:~ ''\).:1 "> . 'I < ,,~ .... ..... ~ t, "t~...:.,:. ~: ( . 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