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Home My WebLink About4994 ..... RESOLUTION NO. 4994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA MAKING FINDINGS OF FACT AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION ON APPEAL AND DENYING M-81-91 FOR AN ENCLOSED METAL PATIO STRUCTURE AT 524 COLUMBIA ROAD. WHEREAS, on June 9, 1981 an application was filed for a City of Arcadia zoning ordinance modification M-81-91 by applicant, Isabel Lobby, owner of 524 Columbia Road, Arcadia, California (here- inafter referred to as "Applicant") to allow to remain standing an illegal enclosed patio structure and appealing to the City of Arcadia Planning Commission a denial by the Santa Anita Village Community Association Architectural Board's unanimous denial of her petition to allow the enclosed patio structure to remain; WHEREAS, on June 23, 1981 the Planning Commission held a duly noticed public hearing on M-81-91, at which time all interested per- sons, including Applicant, were given full opportunity to be heard and present evidence, after which by a 6 to 0 vote the Planning Commission denied M-81-91; WHEREAS, Applicant appealed the Planning Commission's denial to the Arcadia City Council and a duly noticed public hearing was held on said appeal before the City Council on July 21, 1981, at which time all interested persons, including Applicant, were given full opportunity to be heard and present evidence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION 1. That we hereby make the following findings of fact based on the evidence presented to us at the public hearing: B. LOCATION: C. REQUEST: Isabel Lobby, who has lived on subject property for six years. 524 Columbia Road. An appeal from the denial of the Santa Anita Village Community Association's Architectural Review Board to the Planning Commission requesting that an existing enclosed patio structure be per- mitted to remain. Approximately 9,885 square feet (.23 acres). A. APPLICANT: D. LOT AREA: -1- 4994 E. FRONTAGE: F. EXISTING LAND USE & ZONING: G. SURROUNDING LAND USE & ZONING: H. GENERAL PLAN DESIGNATION: 52.79' on Columbia Road. 97.51' on Balboa Drive. The subject property is developed with a single- family dwelling; zoned R-l & D (7,500 sq. ft'.) as shown on Exhibit "A" which is attached hereto and by this reference incorporated herein. North: Single-family dwellings; zoned R-l&D South: Multiple-family dwellings; zoned R-3 West: Single-family dwellings; zoned R-l&D East: Single-family dwellings; zoned R-l&D The subject property is designated as Single- family (0-6 du/ac). hereby takes judicial notice of the following The City Council facts: (1) That the "0" designation when combined with an R-l designa- tion, places subject property within the "D" architectural design zone of the City of Arcadia subject to the restrictions set forth in Arcadia Municipal Code Sections 9272.2 and 9272.2.1. That subject property was classified R-l&D by Ordinance No. 1388, adopted August 6, 1968. 1. (2) That pursuant to Arcadia Municipal Code Section 9272.2 on August 6, 1968 the City Council of the City of Arcadia adopted Resolution No. 4019 determining and establishing regulations applicable to real property in the area known as the Santa Anita Village, which was substantially developed and improved for many years subject to review by an architectural review board established by restrictive covenants and restrictions of record substantially set forth in Resolution No. 40l9. (3) That subject property is located within the boundaries of the Santa Anita Village as legally described in Resolution No. 4019; and subject to architectural review of the architectural review board created thereunder. (4) That Arcadia Municipal Code 9272.2.1 requires that plans of the exterior architectural design and appearance of all -2- 4994 buildings and structures, plot plans, landscape plans, advertising plans, parking area plans, and building set- back plans for Santa Anita Village shall comply with the regulations determined and established by the Council Reso- lution No. 4019, and no building permit shall be issued for plans which do not clearly comply with such requlations. J. That on April 10, 1981 Applicant caused Penn Standard Corporation to commence, and on April 24, 1981, complete, in violation of the City of Arcadia Municipal Building Code Section 8030, an enclosed patio structure which constitutes a room of approximately 308 square feet without obtaining written approval from the Santa Anita Village Community Association's Architectural Review Board, and without first applying for and obtaining a building permit from the Building Official of the City of Arcadia. K. On April 26, 1981, the plans for the existing patio structure were submitted by Applicant for approval to the Santa Anita Village Community Association's Architectural Review Board. The plans were reviewed and disapproved on May 7, 1981, for the following reasons: (1) In keeping with precedent the Architectural Review Board has not approved metal structures as home improvements. (2) The committee found that the patio enclosure was not com-, patible or harmonious with the existing dwelling. (3) The committee members were in agreement that h~d this proposal been submitted to the Architectural Review Board in the proper sequence, prior to construction, disapproval would have been established at that time. L. That the plans submitted by Applicant misrepresented the location of subject patio structure by failing to show that subject patio structure actually projects t to 8 feet beyond the rear portion of the house on subject property. M. That subject structure is constructed on a concrete slab and con- sists of a metal roof, with metal drains, fully enclosed on all sides by metal framing, solid all around for the first 3 feet up from the slab, with metal framed windows covered with plastic. N.. That the Santa Anita Village Community Association Architectural Review Board has never approved a metal structure fully enclosed by metal framing. -3- 4994 O. That we have been informed and believe, and based on such informa- tion and belief, we hereby find that no legally constructed, fully enclosed metal structure presently exists within the area known as the Santa Anita Village as it is legally described in Resolution No. 4019. P. That the materials used for subject enclosed metal patio structure are exposed and (1) are not compatible with materials on subject property; 'and (2) are not compatible with other structures in the Santa Anita Village. Q. That the appearance of subject enclosed metal structure is not com- patible with existing structures in the Santa Anita Village. R. That subject enclosed metal patio structure is not harmonious with other structures on subject property and within the Santa Anita Village, and is thereby detrimental to other properties and improve- ments within the Santa Anita Village. S. That subject: enclosed metal patio cover does not clearly comply with the regulations established by the City Council in Resolution No. 4019. T. That subject enclosed metal patio cover is not an appropriate improvement of subject property nor will said structure promote uniformity of development in Santa Anita Village. u: That there does not exist an unreasonable hardship since such hardship was created by Applicant and Applicant's contractor at Applicant's request. V. That the proposed project may have a significant effect on the environment of the Santa Anita Village. SECTION 2. That based on the findings of fact set forth in Section 1 hereof, Applicant's appeal is hereby denied and M-81-91 is hereby denied, and no building permit shall be issued for subject enclosed metal patio structure. SECTION 3. The City Clerk shall certify to the adoption of this resolution and mail a copy to Applicant. I HEREBY CERTIFY that the foregoing resolution adj oUrned. , . . / regular meetJ.ng of the CJ.ty CouncJ.l of the CJ.ty of was adopted at a Arcadia held on -4- 4994 the 21st day of October, 1981 least three Councilmen, to wit: , by the affirmative vote of at AYES: NOES: Councilmen Dring, Pellegrino, Saelid and Gilb Councilman Haltom ABSENT: None ~~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 21st day of October, 1981. ATTEST: A City Clerk -5- 4994