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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.
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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.
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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
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4923
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