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HomeMy WebLinkAbout5641 RESOLUTION NO. 564l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING, WITH FINDINGS, AN APPEAL OF THE PLAl'{NING COMMISSION'S DECISION TO UPHOLD THE HIGHLAND HOME OWNERS ASSOCIATION'S (HOA) ARCHITECTURAL REVIEW BOARD (ARB) APPROVAL OF A l,689 SQ. FT. SECOND FLOOR ADDITION AT 2050 VISTA AVENUE WHEREAS, the proceedings that are the subject of this Resolution are authorized by Arcadia Municipal Code sections 9272.1 et seq. (D Architectural Design Zone); and WHEREAS, pursuant to authority of the Municipal Code, Resolution No. 5289 sets forth the regulations applicable to the Highland Oaks Design Zone Area and to the property at 2050 vista Avenue, Arcadia, per Arcadia Municipal Code Section 9272.2.3; and WHEREAS, on December 4, 1991, an appeal was filed by Norma Marie Iovine and Gina Putkoski Chodos (Appellants) of the Planning Commission's (Commission) November l2, 1991 decision to uphold the Highland Home Owners Association's (HOA) Architectural Review Board (ARB) approval of a l,689 sq. ft. second floor addition to the property located at 2050 vista Avenue, more particularly described as follows: Lot 23, Tract 18702 in the City of Arcadia, County of Los Angeles, State of California as per Map recorded in Map Book 590, Pages 5, 6, and 7 in the recorder's office of said County. WHEREAS, the appeal to the City Council was preceded by a noticed appeal hearing before the Planning Commission on October 15, 1991 and November l2, 1991; and 1 5641 WHEREAS, the Planning commission adopted Resolution No. l474 on November 26, 1991, denying the appeal of the ARB approval of the referred to second floor addition; and WHEREAS, on January 7, 1992 the City Council held a noticed hearing to consider the appeal, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, as part of the record, the City Council reviewed and considered: a. A verbal and written presentation of the City Council staff report and related attachments, which among other items included, the Hi.ghland HOA's ARB's findings and actions of August 22, 1991, the Planning commission's Resolution No. l474 and the attendant staff report, and Resolution No. 5289 which sets forth the regulations applicable to real property in the Highland Oaks Architectural Design Zone Area and all other items submitted to the City Council in a clip bound packet entitled "Document Packet for city Council - Case No. MP 9l-006 - 2050 vista Avenue." b. written communications submitted by Norma Marie Iovine and Gina Putkoski Chodos, the Appellants; Richard C. Wilson, a neighbor at 2066 vista Avenue and Harold D. Ellis of 1504 S. Eighth Avenue. c. All oral presentations, testimony, documentation and photographs made and presented during the public hearing of January 7, 1992. d. Plans of the proposed addition, and photographs and maps of the involved properties. 2 5641 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION l. The City council of the City of Arcadia denies the appeal and affirms the decisions of the Planning commission and Highland HOA's A~B and incorporates by reference the findings made by the ARB and commission and makes the following findings: a. Second floors are not prohibited by any of the regulations, criteria, or guidelines of the City of Arcadia or of the Highland HOA. There are other two-story houses in the neighborhood and the proposed second floor addition is compatible with the neighborhood. A second story is a matter of right pursuant to Arcadia's Zoning Code, and the right to a two-story home at the subject property has existed since the original subdivision of the tract and the construction of the original residence. b. That the proposed addition is architecturally harmonious and compatible with the surrounding neighborhood. The mass and appearance of the second story addition is compatible with the existing struct~lre and all other structures in the neighborhood. The exterior materials for the addition are of the same stucco nature as the existing structure and compatible with other structures in the neighborhood. c. While any second floor additions will have an impact upon a neighborhood's appearance as well as upon any view from neighboring properties, the applicant's plans for the proposed second floor have been adj usted in accordance with the ARB I s 3 5641 recommendations to lower the roof height and limit the windows facing the adj acent northerly property. The addition has been modified to be sensitive to the neighborhood, the roof line lowered, windows have been eliminated or redesigned. d. Two-story homes are common in the neighborhood, where 35 to 45 percent of the homes are two-story, including the appellant's home. They all have some effect on each other, however, this does not create incompatibility or detriment. e. The second floor proposal complies with all setback requirements and has an overall roof height of approximately 24 feet. The second floor is centrally situated over the existing first floor and is therefore in proportion with the house and other houses in the nElighborhood. f. Based on Resolution No. 5289 in relation to the record of this proceeding, and the above findings, it is further determined that the exterior building materials and appearance of the house at 2050 vista Avenue with the proposed second story addition is not excessive, garish, nor substantially unrelated to the neighborhood; rather it is harmonious and in proportion to the existing structure, adjacent structures, and the neighborhood. The design of its external appearance is not detrimental to the amenities and value of adjacent property and the neighborhood. SECTION 2. The decision and findings contained in this Resolution reflect the Council's action of January 7, 1992 by the following vote: 4 5641 AYES: counci1members Ciraulo, Fasching, Harbicht, Young and Gilb NOES: None ABSENT: None SECTION 3. Pursuant to California Code of civil Procedure Section l094. 6 and Arcadia Municipal Code section l6l0, this decision is final on the date set forth herein - January 21, 1992. The time for judicial review is governed by the above referred to statutes. SECTION 4. The city Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this21s , 1992. Mayor of the City of Arcadia ATTEST: AJ 'erK of Arcadia Cit 5 5641 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5641 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of January, 1992 and that said Resolution was adopted by the following vote, to wit: AYES: councilmember Ciraulo, Fasching, Young and Gilb NOES: None ABSENT: Councilmember Harbicht ci of Arcadia 3 5641