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HomeMy WebLinkAboutItem 1c: Appeal of Denial of Converted Attic at 245 West Walnut AvenueDATE: April 6, 2010 TO: Mayor and City Council Recommendation: Deny appeal STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director 50 By: Jim Kasama, Community Development Administrator Prepared By: Tim Schwehr, Assistant Planner SUBJECT: Appeal of the Planning Commission's denial of Modification Application No. MC 10 -03; a request for a Modification to permit a 796 square -foot attic that has been converted into a third -floor within the existing residence at 245 W. Walnut Avenue. SUMMARY The applicant, Ms. Jean Ni has filed an appeal on behalf of the property owner Mr. Jingming Luo. This is an appeal of the Planning Commission's March 9, 2010 denial of Modification Application No. MC 10 -03; a request for a Modification to permit a 796 square -foot attic that has been converted into a third -floor within the existing residence at 245 W. Walnut Avenue. The Development Services Department does not find that the situation satisfies the purposes of a Modification and is recommending denial of the appeal. BACKGROUND A two -story, 5,580 square -foot residence was constructed on the subject property in 1989. The plans included a 796 square -foot attic designed to accommodate the storage of large items and it was therefore built with a weight- bearing floor. The building permit for the residence states that the 796 square -foot area is an attic; a copy of the building permit is attached. At some point after final inspection of the residence by the City's Building Services, the 796 square -foot attic was converted without permits into livable space and a permanent staircase was added from the second -floor to the attic. By installing a permanent staircase to the attic, a third -story was created, which is not allowed in the R -0 zone. Staff was not aware of the illegal conversion until earlier this year when the current owners, who purchased the house in late 2009, submitted plans to remodel the interior of the house and add two new bathrooms. During an inspection, a City Building Inspector teamed that one of the new bathrooms was to be on the illegally created third floor. The attached photographs show the front of the house, the attic space being remodeled by the current owner, the stairway to the attic, and views from the attic windows. On February 10, 2010, the applicant submitted Modification Application No. MC 10 -03 to request legalization of the attic as a third -floor. The request was brought before the Modification Committee on February 23, 2010, at which time the Modification Committee referred the application to the Planning Commission. Planning Commission Action Modification Application No. MC 10 -03 was brought before the Planning Commission at their March 9, 2010 meeting. The Planning Commission staff report is attached and includes a letter from the applicant dated February 9, 2010. The request is to allow a 796 square -foot attic as a third -floor. The main points of the applicant's rationale are as follows: 1. The remodeled attic and stairs have existed for nearly 20 years, and have never caused any safety or other problems. 2. When remodeling the attic, no changes were made to the exterior of the house; only interior remodeling occurred. 3. The third -story meets the maximum height restriction of 35 -feet for when the house was constructed in 1989. The current height restriction for a 100 -foot wide lot in the R -0 zone is 30 -feet. 4. The County Tax Assessor's records included the attic as livable space because it lists the livable square- footage at the property as 7,135 square - feet. This total must include not only the attic, but also the recreation room and patio. Staff indicated to the Planning Commission that it appears that the above information is true, and that to staffs knowledge, the subject property is the only three -story residence in the City of Arcadia. Staff also explained that the Arcadia Municipal Code states that at least one of the following three purposes must be met in order to approve a Modification request, and that it is staffs opinion that this request does not satisfy any of these three purposes: • To secure an appropriate improvement of a lot, • To prevent an unreasonable hardship, or • To promote uniformity of development. MC 10 -03 245 W. Walnut Ave. April 6, 2010 — page 2 The City's records for this property show that no permits were ever applied for or issued for the staircase or the other changes made to the attic. As an alternative to staffs recommendation to deny the request, the following conditions of approval were recommended: 1. All City requirements regarding building and safety shall be complied with to the satisfaction of the Building Official and Fire Marshal, and any exterior changes shall be subject to design review. 2. A covenant to be drafted by the City Attorney shall be executed by the current property owner(s) and recorded in the Office of the County Recorder to require that the attic be restored to storage space and that the staircase to the attic be removed prior to the completion of any sale of the subject property by the current owner(s) or successors. Planning Commissioner, Robert Baderian asked the owner if he was agreeable to the recommended conditions. The applicant, on behalf of the owner stated that the owners are not agreeable to the covenant, and that they want to keep the staircase forever, but they do not intend to use the area as a bedroom. Planning Commission Chairman, Anthony Parrille expressed his concern that without a covenant, any other buyer would also assume that the third -floor is livable space. Commissioner William Baerg asked staff if approval of the attic as a third -story would violate any other zoning regulations, and it was explained that only the number of floors is at issue. No one else appeared at the public hearing either in favor, or in opposition to this Modification application, and staff did not receive any comments or inquiries from the neighbors. By a 3 — 2 vote, the Planning Commission denied Modification Application No. MC 10 -03. PROPOSAL AND ANALYSIS The request is for a Modification to allow a 796 square -foot attic as a third -floor. However, in the attached March 11, 2010 letter from the property owner, the emphasis is on being allowed to keep the staircase. Staff has explained to the applicant that if the attic area were not conditioned space, then it must be separated from the rest of the house, which could be done by either, removing the staircase and reclosing the opening in the ceiling, or by fully enclosing the staircase. But, it is the upper landing of any stairway that constitutes a floor level, and, in this case, because the subject staircase leads upward from a second floor, it necessarily terminates on a third floor. Staff recognizes that this owner was not attempting to conceal the third floor from the City, and that it was not by an egregious disregard of due diligence that it was not MC 10 -03 245 W. Walnut Ave. April 6, 2010 — page 3 disclosed that the third floor was created illegally. Therefore, staff recommended the covenant as a condition of approval so that during a sale of the property, a buyer would receive notice that the attic space is not allowed, and if the buyer wished to retain it, another hearing process would be required. If the attic area is to be conditioned living space, then the heating and ventilation facilities would need to be upgraded. And, if it were to be used for sleeping purposes, then the windows would have to be enlarged to meet the secondary egress requirements. The Fire Prevention Bureau considers this request to be a remodel and would not require that the attic area or the existing residence to be fire sprinklered. ENVIRONMENTAL DOCUMENT The request for a Modification to allow the conversion of an existing attic space into living space is categorically exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) by Section 15303 of the CEQA Guidelines as a conversion of a small structure. MODIFICATION FINDINGS Section 9292.1.1 of the Arcadia Municipal Code states that the purpose of the Modification Committee procedure is for the following: • To secure an appropriate improvement of a lot, • To prevent an unreasonable hardship, or • To promote uniformity of development. RECOMMENDATION The Development Services Department recommends denial of Modification Application No. MC 10 -03. If, however, the City Council determines that the request does satisfy at least one of the purposes of a Modification and intends to approve Modification Application No. MC 10 -03, staff recommends that the approval be subject to the following conditions: 1. All City requirements regarding building and safety shall be complied with to the satisfaction of the Building Official and Fire Marshal, and any exterior changes shall be subject to design review. 2. A covenant to be drafted by the City Attorney shall be executed by the current property owner(s) and recorded in the Office of the County Recorder to require that the attic be restored to storage space and that the staircase to the attic be removed prior to the completion of any sale of the subject property by the current owner(s) or successors. MC 10 -03 245 W. Walnut Ave. April 6, 2010 — page 4 3. That the attic area not have any plumbing facilities, such as a bathroom, wet bar, etc. 4. 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. 5. Approval of MC 10 -03 shall not take effect until the property owner(s) and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Approved: Donald Penman, City Manager Attachments: Planning Commission Staff Report with the following attachments: Aerial Photo & Vicinity Map Site Plan Photos of Subject Property 100 -foot Radius Map Building Permit Modification Committee Background Report February 9, 2010 Letter from Owner March 11, 2010 Letter from Owner MC 10 -03 245 W. Walnut Ave. April 6, 2010 — page 5 March 9, 2010 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: The applicant is requesting a Modification to permit a 796 square -foot attic that has been converted into a third -floor within the existing residence (AMC Sec. 9251.2.1) SUMMARY STAFF REPORT Development Services Department Ms. Jean Ni, on behalf of the property owner Mr. Jingming Luo, submitted Modification Application No. MC 10 -03 to permit a 796 square -foot attic that has been converted into a third -floor within the existing residence (AMC Sec. 9251.2.1). Attached are an aerial photo, vicinity map, a site plan, and photos of the subject property. It is staff's opinion that there is not adequate justification for allowing a three -story residence. The Development Services Department is recommending denial of the request, which will require that the 796 square -foot space be converted back into non - living attic space, and that the stairway to the attic be removed. GENERAL INFORMATION APPLICANT: Ms. Jean Ni on behalf of the property owner Mr. Jingming Luo LOCATION: 245 W. Walnut Avenue REQUEST: A Modification to permit a 796 square -foot attic that has been converted into a third -floor within the existing residence (AMC Sec. 9251.2.1) SITE AREA: 28,560 square feet (0.65 acre) FRONTAGE: 100.55 feet along Walnut Avenue Planning Commission Staff Report ZONING & EXISTING LAND USE: The subject property is zoned R -0- 15,000, First One - Family Zone and is improved with a 5,580 square -foot, two -story single- family residence with a 796 square -foot attic. There are also an attached 809 square - foot, four -car garage, a 525 square -foot, detached, two -car garage, a 599 square -foot, detached recreation room, a 153 square -foot patio, and a pool and spa. The residence and attached garage were built in 1989 and the other improvements were built in 1993. SURROUNDING LAND USES & ZONING: The surrounding properties are developed with single - family residences and are zoned R -0- 15,000. GENERAL PLAN DESIGNATION: Single - Family Residential at 0-4 dwelling units per acre PUBLIC HEARING NOTIFICATION Public hearing notices of Modification Application No. MC 10 -03 were mailed on February 25, 2010 to the property owners, tenants and occupants of those properties that are within 100 feet of the subject property; see the attached radius map. Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION A two -story, 5,580 square -foot residence was constructed on the subject property in 1989. The residence included a 796 square -foot attic designed to accommodate storage of large items and was therefore built with a weight- bearing floor. The Building Permit for the residence states that the 796 square -foot area is an attic; a copy of the building permit is attached. At some point after final inspection of the residence by the City's Building Services and without permits, the original owner /builder of the house converted the 796 square -foot attic into livable space and added a staircase leading from the second -floor to the attic. By installing a permanent staircase to the attic, a third -story was created, which is not allowed in the R -0 zone or any residentially -zoned area in the City. Staff was not aware of the illegal conversion until earlier this year when the current owners, who purchased the house in late 2009, submitted plans to remodel the interior of the house and add a new bathroom. During an inspection, a City Building Inspector realized that the new bathroom was to be on a third floor and discovered that the attic had been converted into livable space, and that a permanent staircase had been added to access the attic. The attached photos show the front of Planning Commission Staff Report MC 10 -03 245 W. Walnut Avenue March 9, 2010 — page 2 the house, the attic space being remodeled by the current owner, the stairway to the attic, and views from the attic windows. On February 10, 2010, the applicant submitted Modification Application No. MC 10 -03 to request legalization of the attic as a third -floor. The request was brought before the Modification Committee at their February 23, 2010 meeting, at which time the Modification Committee referred the application to the Planning Commission. A copy of the Modification Committee Background Report is attached. REQUEST AND ANALYSIS The request is for a Modification to allow a 796 square -foot attic as a third -floor. Attached to the staff report is a letter from the property owners explaining their rationale for approval. Their main points are as follows: 1. The remodeled attic and stairs have existed for nearly 20 years, and have never caused any safety or other problems. 2. When remodeling the attic, no changes were made to the exterior of the house; only interior remodeling occurred. 3. The third -story meets the maximum height restriction of 35 -feet for when the house was constructed in 1989. The current height restriction for a 100 -foot wide lot in the R -0 zone is 30 -feet. 4. The County Tax Assessor's records included the attic as livable space because it lists the livable square- footage at the property as 7,135 square - feet. This total must include not only the attic, but also the recreation room and patio. Staff is satisfied that the above information is true. However, staff does not feel that the request satisfies any of the purposes of a Modification, which are as follows: • That the Modification will secure an appropriate improvement of a lot; • That the Modification will prevent an unreasonable hardship; or • That the Modification will promote uniformity of development. At least one of these purposes must be met to justify the allowing of a three -story residence. The City's records for this property show that no permits were ever applied for or issued for the staircase or the other changes made to the attic. That the maximum height limitation was not exceeded and no exterior changes were made to the house do not directly relate to the purposes for a Modification. Planning Commission Staff Report MC 10 -03 245 W. Walnut Avenue March 9, 2010 — page 3 CODE REQUIREMENTS Regardless of whether, or not the Modification request is approved, all City requirements are required to be complied with to the satisfaction of the Building Official, Community Development Administrator, and Fire Marshal. CEQA The request for a Modification to allow the conversion of an existing attic space into living space is categorically exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) by Section 15303 of the CEQA Guidelines. RECOMMENDATION The Development Services Department recommends denial of Modification Application No. MC 10 -03. If, however, the Planning Commission determines that the request does satisfy at least one of the purposes of a Modification and intends to approve Modification Application No. MC 10 -03, staff recommends that the approval be subject to the following conditions: 1. All City requirements regarding building and safety shall be complied with to the satisfaction of the Building Official and Fire Marshal, and any exterior changes shall be subject to design review. 2. A covenant to be drafted by the City Attorney shall be executed by the current property owner(s) and recorded in the Office of the County Recorder to require that the attic be restored to storage space and that the staircase to the attic be removed prior to the completion of any sale of the subject property by the current owner(s) or successors. 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. Planning Commission Staff Report MC 10 -03 245 W. Walnut Avenue March 9, 2010 — page 4 Appro 4. Approval of MC 10 -03 shall not take effect until the property owner(s) and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this request, the Commission should move to approve Modification No. MC 10 -03, state the determination(s) that support a finding that at least one of the following purposes is satisfied, and that the approval is subject to the conditions set forth above, or as modified by the Commission: 1. That the Modification will secure an appropriate improvement of a lot; 2. That the Modification will prevent an unreasonable hardship; or 3. That the Modification will promote uniformity of development. Denial If the Planning Commission intends to deny this request, the Commission should move to deny Modification Application No. MC 10 -03, and state why, based on the evidence presented the project does not support any of the above purposes. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the March 9 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422 or at tschwehraci.arcadia.ca.us. Jirf'asama ommunity Development Administrator Attachments: Aerial Photo & Vicinity Map Site Plan Photos of Subject Property 100 -foot Radius Map Building Permit Modification Committee Background Report Letter from Applicant Planning Commission Staff Report MC 10 -03 245 W. Walnut Avenue March 9, 2010 — page 5 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, Fel:nary 2010 Development Services Department Engineering Division Prepared by. R.s.Gonzalez, February 2010 100 -foot radius map around 245 Walnut Ave. CALL FOR INSPECTION Requests for Inspections should be made at least twenty -four hours In advance by telephone at 574 -5416, 8:00 A.M. - 5:00 P.M. Inspectors office hours are: 8:00 - 9:00 A.M.; 1:00 - 1:30 & 4:30 - 5:00 P.M. BUILDING & SAFETY DIVISION 240 West Huntington Drive Arcadia, California 91006 -3104 (818) 574 -5416 GO M P . L L, -' 245 W WALNUT Permit No Status This type Parcel number : Group -occup /use: AV : A8801781 : APPROVED : Single Family Project Owner : YANG, SHENG -CHU Applicant : TA -MING CONSTRUCTION Applicant Addr : 1039 E VALLEY BL #E SAN GABRIEL, CA 91776 Job Address : 245 W WALNUT AV Phone number : 818 - 280 -0565 Class code Valuation Construction : 101 405,524 : NEW Permit to do : 11 RMS, 5 BATHS, UTILITY, 4 CAR ATT GAR Contractor : TA -MING CONSTRUCTION This type : SFP Plan No. > 23012 School Certification No> 332 Fee description Units Fee /unit Dwelling(Enter Square Footage)3104> Garage (Enter Square Footage)3104> Accessory Blding(Enter Sq Ft) 3104> Building Permit Fee 3104> S.M.I.P. Fee 714 -2207 Parks /Rec Tax(Enter No. Units)3104> * ** Fees Required * ** Total Fees: 2,413.59 5580.00 809.00 796.00 rAtzE i OF 1 1 08/26/88 13:51 Project No : AU000547 Validated by : CP Inspector area: 205 Date Applied : 08/26/88 Date Issued : 08/26/88 Date Finaled : Date To Expire: Lic. C 469457 1.00 185.00 * ** Fees Collected & Receipt No. Date 08/26/88 Total Payments: Balance Due: 818- 280 -0565 Ext fee Data 2200.20 28.39 185.00 ATTIC Credits * ** Payment 2,413.59 2,413.59 .00 DECLARATIONS In accordance with Health & Safety Code, Section 19825, all required declarations on the reverse side of this form have been properly signed and dated by the permittee. Verified by ' wriatum ARCADIA MODIFICATION COMMITTEE Tuesday, February 23, 2010 at 7:45 a.m. Arcadia City Council Chambers Conference Room PUBLIC HEARING MC 10 - 03 Address: 245 W. Walnut Avenue Applicant: Jean Ni on behalf of the property owner Jingming Luo Request: The applicant is requesting a Modification to convert the existing 796 square -foot attic area into a third -floor within the existing residence (AMC Sec. 9251.2.1). Such request will not involve any exterior alterations. BACKGROUND The subject property is zoned R -O, First One - Family Zone, and is developed with a 5,866 square -foot, two -story single - family residence (includes 796 square -feet of non - livable attic space) with an attached 808 square -foot four -car garage, a 525 square -foot detached two -car garage, and a 599 square -foot detached recreation room. The residence and attached garage was built in 1989, and the detached garage and recreation room were built in 1993. It is Staff's understanding that the original owners of the house converted the attic into livable space (without permits) by adding heating, lighting, carpet, several interior walls, and a permanent, fixed staircase leading from the second -floor to the attic. No exterior changes were made to the house. By converting the attic into livable space, a third -story was created, which is not allowed in the R -O zone or any single - family zoned property in the City (AMC Sec. 9251.2.1). The City was not aware of the illegal conversion until earlier this year when the current owners submitted plans to remodel the interior of the house and add two new bathrooms. During an inspection of the new bathrooms, the City's Building Inspector discovered the attic had been converted into livable space, and permanent staircase had been added connecting the attic to the second - floor. The applicant is seeking a Modification to permit the 796 square -foot attic as a third - floor. Attached is a letter from the property owners explaining their rationale for why a Modification should be granted. The main points are as follows: 1. The remodeled attic and stairs have existed for nearly 20 years, and have never caused any safety or other problems. 2. When remodeling the attic, no changes were made to the exterior of the house. Only interior remodeling occurred. 3. The third -story meets the maximum height restriction of 35 -feet from when the house was constructed in 1989 — the current height restriction for this property is 30 -feet. 4. The County Tax Assessor records incorrectly includes the attic as livable space, and lists the square- footage of the house as 7,135 square -feet rather than the correct 6,464 Modification Committee Background Report square -feet (first -story and second -story livable space, and 599 square -foot detached recreation room). Staff cannot support the applicant's request as there does not appear to be an adequate justification for allowing a three -story residence on a single - family zoned property. No permits were ever applied for or issued for the staircase, heating, and other interior changes made to the attic. It is not uncommon for the County's Tax Assessor Records to differ from what was permitted by the City, and when there is such a difference, the City's Building file, which has a record of all the permits issued for a property, has the overriding authority. RECOMMENDATION Planning Services recommends denial of Modification Application No. MC 10 -03. Tim Schwehr, Assistant Planner Modification Committee Background Report MC 10 -03 245 W. Walnut Avenue February 23, 2010 Jingming Luo 245 Walnut Ave. Arcadia Pages 1 -2 February 9, 2010 I am the owner of 245 Walnut Ave, Arcadia, California. I bought this home as my primary residence on November 4 2009. Before I purchase this house , I have check its general information from the LA county assessor data, it shows this home was built in 1989, with 7,135 sq. ft living area that include the main house building and a guest house that build in 1992. The second owner owned the home since 1997, have never made any modification or any additions on the property during their 12 years occupancy until year 2009. Before I purchase this home, I want make sure the legal validity of 7,135 living square footage of says property. So, I accompany another two real estate agents together go to City of Arcadia to make verification on October 5 2009 afternoon 2:30PM The City Office Staff receiving us warmly and politely, after our question, she immediately print out the computer archives of house information and hand it to us, her material shows the total square footage of this property is 7,135. Then, she pull out the house file and check it detailed; she calculate the total square footage based on the house file and explanation of all the living space is come out together with the first floor 3,375 sqft ; the second floor 2,491 sqft, the attic 799 sqft and the guest house 599 sqft. She confirm that the county's record on 245 Walnut is correct, is all permitted, is legality record and don't need to doubt about it. She also explain to us that the house square footage is finalized by county assessor who inspect and measure the building personally after the house has build completed. Per the Office Staffs above answer that confirmed the legitimacy of living space and rest assured my housing purchase. However, on January 28 2010, I being told by City Inspector, the stairs that access to the 3rd floor attic need to be removed, because it is illegal to have a stairs between the second floor to the attic. This advice notice suddenly like a bomb hit my head. I couldn't believe this message. So, I go to city for verification again on Feb. 2 2010. The City Staff give me a deferent answer from last time. He says City of Arcadia has nothing to do about County's assessment record. It is the home owner's responsibility to verify that information with County himself. And City of Arcadia never allowed for built a stairs from the second floor to attic. February 9, 2010 Letter from Owner Page 1 of 2 245 Walnut Ave. Arcadia Pages 2 -2 As a Home owner of City Arcadia, I earnestly beg the City Committee to approve the stairs remain its existing status. Please consider my points of view in following; 1. The attic and the stairs are previously existed fact in the house for 20 years. The stairs being built safety and solid and is beautifully matched the house style, plus it has approved itself with 20 years life test in the house, has never caused any unsafe problems. I earnestly beg City Committee to approve it's exist in reality. (Attached the stairs photos for your reviewing) 2. As I know that City have had permitted a maximum building high as 35 feet -high in 20 years ago. My home is about 35 -feet high, the attic high is indeed higher and larger which all have met the city building regulation and permitted at that time in 1989. Logically, I like to believe this stairs has already had permitted in 1989. 3. This access attic is permitted to built in 1989, measured square feet is about 799, is a bright, airy and lovely space. It is needed a safe and solid stairs to access to it. A simple pull -style stairs case is insecurity and is not make a sense for this sized of attic space. 4. The City Building Department is a reliable and authoritative source for the resident to verify their building questions. But what is happening if the resident obtains 2 different answers from the City on a same question. My case now results that I need to undertake the damages. I feel being treated unjustly. I have carried on my duty do the best to go to the City to verify the necessary building information and have obtained the validity and assured answer before I decide to purchase this home. I hope City can help me to resolve this issue. My honest plead The City Committee to approve my petition, Sincerely Truth, Jingming Luo February 9, 2010 Letter from Owner Page 2 of 2 March 11, 2010 To: Development Services Department Applicant: Jingming Luo, owner of 245 Walnut Ave. Arcadia Subject: Requesting the stairway that between the second floor and attic to be remained Dear Sir, I like to seek your understanding and consent to let my stairway remained its present condition. I also like to seek some alternative ways that might be acceptable by your department for keeping my stairway. One of city officer has a suggestion before; he says that may be City will accept if to build a wall with a door along the stairway access space. I think this is a good idea. Wish you may serious think about it. The attic of my house was built with permitted attic in 20 years ago in 1989. The City is admitting that attic's building permit was issued to a designed to accommodate storage of large items and was therefore built with weight- bearing floor. In the City's file has kept an engineering report regarding the attic construct calculation details. The County Assessor has inspected the property and has considered attic area as a livable space, therefore has collect property tax including attic area for the past 20 years. City says it has never been issued a stairway build to access to resident attic, however once City has permitted a large attic for accommodate storage of large items and the attic was build with a weight - bearing floor, then, a right sized and weight - bearing stairway should accompany with for a safety reason. A single pull -down staircase is definite not a properly way for its original purposely This stairway has been build at the place for 20 years, has never caused any problem, and it looks exactly same as the stairway between my first floor and second floor. I believe both stairways were build safely and compliantly to the code of stairway itself. Since apply a requesting for remaining my stairway, I have been through the public hearing and planning commission on 2/23 and 3/9. In the committees, I have got 40% of committee's approval votes on my request, so I believe my case is an understandable, modifiable and agreeable result to the committees. My truly honest wish Development Services Department listen my voice. Allow me to keep this stairway as its present condition. Let my family has a safety way to access to my attic storage space like its past 20 years. Thank you, Jingming Luo i1 March 11, 2010 Letter from Owner