HomeMy WebLinkAbout1859RESOLUTION NO. 1859
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING ZONE VARIANCE NO. ZV 12 -01,
AND APPROVING SINGLE - FAMILY ARCHITECTURAL DESIGN
REVIEW NO. SFADR 12 -10 FOR A NEW RESIDENCE WITH A THREE -
CAR GARAGE AND 24 FEET OF GARAGE OPENING TO FACE THE
STREET ON A 99.97 -FOOT WIDE LOT AT 246 W. WISTARIA AVENUE.
WHEREAS, on January 30, 2012, a Single- Family Architectural Design Review
application was filed by Mr. Philip Chan, and on March 28, 2012, a Zone Variance
application was filed by Mr. Philip Chan for a new residence with a three -car garage and
24 feet of garage opening to face the street on a 99.97 -foot wide lot; Development
Services Department Case Nos. SFADR 12 -10 and ZV 12 -01 at property commonly
known as 246 W. Wistaria Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on June 12,
2012, at which time all interested persons were given full opportunity to be heard and to
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data provided by the Development Services
Department in the staff report dated June 12, 2012 are true and correct.
SECTION 2. This Commission finds:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the property, that do not
apply generally to the property or class of use in the same zone or vicinity. The subject
property is within a neighborhood where a majority of the homes have three -car
garages facing the street, and is within fractions of an inch short of meeting the
minimum 100 -foot lot width requirement for this layout.
. B. That the granting of such variance will not be materially detrimental to the
public health or welfare or injurious to the property or improvements in such zone or
vicinity in which the property is located. The proposal promotes uniformity in
development as most existing homes within the block have three -car garages facing the
street.
C. That such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant possessed by other property in the same zone
and vicinity. The proposal enables the applicant to develop the subject property in the
same manner as the neighboring properties; which is, with a three -car garage that faces
the street on a lot that is a fraction of an inch Tess than the 100 -foot width requirement
for such a layout.
D. That the granting of such variance will not adversely affect the
comprehensive general plan. The proposal is consistent with the provisions of the
general plan.
SECTION 3. That for the foregoing reasons this Commission grants a Zone
Variance and approval of Single - Family Architectural Design Review for the
construction of this single - family residence, subject to the following conditions:
1. The project shall comply with all applicable Standard Conditions of Approval.
2. All City requirements regarding building safety, fire prevention, fire detection,
fire suppression, emergency access, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollutant Discharge
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Elimination System (NPDES) measures shall be complied with to the satisfaction of the
Building Official, City Engineer, Community Development Administrator, Fire Marshal,
and Public Works Services Director. Compliance with these requirements is to be
determined by having fully detailed construction plans submitted for plan check review
and approval.
3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision. The
City shall promptly notify the applicant of any claim, action, or proceeding concerning
the project and /or land use decision and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own attorney to
represent the City, its officers, employees, and agents in the defense of the matter.
4. Approval of application nos. ZV 12 -01 and SFADR 12 -10 shall not take effect
until the applicant, property owner and contractor have executed and filed an
Acceptance Form available from the Development Services Department to indicate
awareness and acceptance of the conditions of approval, and that all conditions of
approval shall be satisfied prior to final inspection of the project.
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SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 10th day of July, 2012.
ATTEST:
Secr f'' , Planning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Chairman, Planning Commission
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 1859 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chairperson and attested to by the
Secretary at a regular meeting of said Planning Commission held on the 24th day of July,
2012 and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Beranek, Parrille and Chiao
NOES: None
ABSENT: Commissioner Falzone
of the Planning Commission