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HomeMy WebLinkAboutJUNE 13, 1989 11 I . . , "~' Planning Commissicln proceedings are tape recorded and on file in the office of the Planning Department. MINUTES ARCADIA CITY PLANNING COMMISSION REGUlAR MEETING Tuesday, June 1.3. 1989 The Planning Commission of the City of Arcadia met in regular session on Tuesday, J!lne 13, 1989 at 7:30 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Larry Papay presiding. PLEOOE OF AllEGIANCE ROll. CAu.: PRESENT: ABSENT: MOTION Commissioners Amato, Clark, Szany, Papay Commissioner Hedlund It was moved by Commissioner Amato, seconded by Commissioner Clark to excuse Commissioner Hedlund trom tonight's meeting. The motion passed by voice vote with none 'dissenting. ~ MINUTES MOTION It was moved by Commissioner Clark. seconded by Commissioner Amato to approve the Minutes of May 23, 1989 as published. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Amato, seconded by Commissioner Clark that based on new information to :renumber the agenda and move item #8 ahead of any of the other public hearings. . MellON It was moved by Commissioner Clark, seco~ded ~y Comm~sioner Am~to to read all .. reSolutlons by title orily and waive reading the full body of the resolution. The motlon passed by voice vote with none dissenting. OTHERS ATTENDING: Councilman Robert Harbicht City Attorney Michael Miller Planning Director William Woolard Senior Planner Donna Butler Assistant Planner James Kasama Secretary Siiva Vergel . . I " The City Attorney announced that the City Charter requires that for any action to be adopted or approved a majority of the entire membership must vote in favor of the particular motion. If the required three votes are not obtained the motion would fail. If the required three votes are not obtained (1) an applicant may request continuance and it is up to the Commission to decide whether or not they want to grant it; (2) the matter could be heard and then deferred for final decision pending participation of the absent members as long as they review the records of this proceedings which would be made available to them or (3) the matter could simply go forward to the City Council: PUBUC HEARING MC 89-043 1616 Hyland Richard Palumbo Consideration of an appeal of the Modification Committee's approval of a 43'-5" front yard setback for a 5100 sq. ft. 2-story house. Chairman Papay noted that in the course of preparing for tonight's meeting, staff noted that the northerly property line of the property at 1560 Hyland Avenue (the corner loi) is technically the front property line. The original layout of the corner lot was such that the westerly property line was the narrowest street frontage. However, at some point in time, an addilional22 feet was added to this side of the property. This additional footage resulted in the northerly property line becoming the shorter of the two, hence becoming the front property line. - The northerly property line is technically the front property line notwithstanding the fact that the existing dwelling fronts onto the westerly, or side property line. Prior to today, it was believed that the westerly property line was the front property lille. The fact that the northerly property line is the front property line negates the need for tonight's hearing. The applicant's original (28 feet) and revised (40 feet) front yard setback requests still needed a Modification in order for the house to be built in the proposed locations. However, the setb~ck required by Code Should have been calculated ~y determining the average of the properties at 1560 and 1620 Hyland Avenue (46'-4" and 40'-6" respectively) and not 1620 Hyland Avenue as was originally calculated. The correct Code required front setback for" 1616 Hyland Avenue, as determined by the averaging 1560 and 1620 Hyland Avenue, is 43'-5". This happens to be the setback which was approved by the Modification Committee. - The effect. of this correction is that the owner of 1616 Hyland Avenue can build a new dwelling on the site with a front setback of 43'.5" without requesting a Modification. A reqLiestfor any lesser setback would require a modification. No action by the Planning Commission is required and the appeal fee will be refunded in full. Mr. Woolard explained Section 9220.42 of the Municipal Code which defines the front property line of a corner lot as, "the line separating the narrowest street frontage of the lot from the street" . Arcadia City Planning Commission June 13, 1989 Page 2 . . \ . Mary Wallace, 1560 Hyland, commented that she was very disappointed and said that they have worked very hard to get all their facts and information together for tonight's meeting and felt that the developer is being helped. Wallace Qua, 1605 Hyland, felt that this was most unreasonable and said that it is a very unfortunate circumstance and remarked that he was very disappointed. Chairman Papa)' agreed that this is an unfortunate circumstance and reiterated the Code. Dorothy Qua, 1605 Hyland, said that technically this could be correct but when they look out their windOw they will have a huge home on a small lot which will change the quality of life In the area. She said that the developer will build and then will not have to live with the consequences whereas all the neighbors will be effected. Douglas Steven, 1537 Hyland asked if this is a technicality or is It legal? Mike Miller, the City Attorney, stated that it is legal. Bruce Wallace, 15fjO Hyland, read from Resolution 5288 which was adopted by the City Council and quoted several sections dealing with developments.that are in harmony and compatible and some that are garrish and he remarked that this deilelopment would definitely be .garrish and not in harmony with the neighborhood. Chairman Papay explained that there are 5 homeowners Associations (HOA) and Architectural Review Boards in the City, each with resolutions. that have been adopted by the City Council dealing partly will) architectural features of homes In their area. However, Hyland Is not in any of the abolle mentioned HOAs and those resolutions don't pertain to this matter. Mr. Miller clarified and said that this particular neighborhood is not under the jurisdiction of any of the HOAs and stated that ihese HOAs were established many years ago. These resolutions don't give authorization to the Hyland area to review and approve any proposed building. Councilman Harblcht said that staff. does not interpret the Code and said that,the Code has definite definitions as to what constitutes a front yard and a side yard. A mistake was made and was discovered as to whic!1 is the .slde yard and which two lots should ,be used in determining the front setback of the subject lot. Alice Dellman, 1569 Hyland said that technically Hyland is one street because It is curved. Commissioner Amato said that he was present at the Modification Committee's (MC) hearing for this 'item .and said that the MCwas very sympathetic 'with the aieaneiglilJors. and tried to imPose the greatest setback poSSible so that any possible impact would be minimal. - - - - - - - - - - - - - - - - - - - - - - - - -,- -.- - - - - - - - - PUBLIC HEARING CUP 89-007 333 E. Huntington Dr. Ribs of Arcadia, Inc. (Tony Roma's) Consideration of a conditional use permit to construct a 5,000 square foot restaurant. The staff report was presented and th.e public hearing was opened. Kirk DOwning, 612 Aclelyn, San Gabriel, said that they are in agreement with all of the conditions including the addltional..condition on the lights on the upper portion of the wall. Arcadia City Planning Commission June 13, 1989 Page 3 . . . . There were no additional persons desiring to speak in favor or in opposition. MOllON It was. moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with at,dissention. The consensus of the Commission was favorable. MOllON It was moved by Commissioner Clark"seconded by Commissioner Amato to approve CUP 89-007 with the additional condition that the lights on the upper portion of the wall be rem,oved or redesigned subject to the Planning Department's review and approval. ROLL CALL: AYES: r-as: ABSENT: Commissioners Amato, Clark, Szany, Papay !\lone Commissioner Hedlund Chairman Papay noted that there is a five working day appeal period after the adoption of the resolution. PUBLIC HEARING CUP 89-008 333 E. Huntington Dr. Tokyo Wako Consideration of a conditional use permit to construct a 7,000 square foot restaurant. The staff report was presented and the public hearing was opened. Kirk Downing, 612 Adelyn, San Gabriel, said that"lhey are in agreement with all of the conditions in the staff report. The restaurant will be compatible with the. rest of the center. MOT1ClN It was moved by Commissioner Clark, seconded by Commissioner Amato t.o close the public hearing. There were no additional person.s de~iring to s~ak In favor o! in~posltlon. The consensus of the Commission was favorable.. MOTION It was moved by Commissioner Szany, seconded by Commissioner Clark to approve CUP 89-008 subject to the conditions In the staff report. ROLL CALL: AYES: r-as: ABSENT: Commissioners Amato; Clark, Szany, Papay None Commissioner Hedlund Arcadia City Planning Commission June 13, 1989 Page 4 . . , . Chairman Papay noted that there is a fIVe working day appeal periOd after the adoption of the resolution. PUBLIC HEARING Z-89-002 All lots located -within Tract 11215 in the Lower Rancho area and iIle fOIJr prop~rties 'Iocated at 230, 236 240 & 244 Vaquero Rd. Consideration of a zone change from R~O & D 15,000 to R~O & D 22,000--thls proposal changes the required minimum lot size from 15,000 sq. ft. to 22,000 sq. ft. The staff report was presented and the public hearing was opened. Forrest Ha~line, 314 N. Old Ranch, President of the HOA, spoke in favor ofthe zone change. No one else desiring to speak in favor or In oppOsition to the zone change. Staff explained that ;the six lots that were not included In the zone change was due to the size of the lots. MOTION 'it was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. The consensus of the Commission was favorable and they were pleased that the lot sizes would be increased. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to recommend approval of Z'89-002 to the City Council. ROLLCALL: AYES: NE): ABSENT: Commissioners Amato. Clark, Szany, Papay None Commissioner Hedlund "_ .-_ w"'_ .. ~-_-~ ;o.~.. .... _._ _"C'_.-.. ...-_ .. ~ _ _ .. ........ .. .......... AUDIENCE PARTICIPATION None ADR 89-050 840 W. Duarte Rd. Fortune Sign Corp. The staff report was presented. Consideration of Architectural Design Review application for a 25 square foot wall sign in lieu of 13.5 square feet. Arcadia City Planning Commission June 13, 1989 PageS . . '. MOTION It was moved by Commissioner Szany, seconded by Commissioner Amato to approve the wall sign. ROLLCALL: AYES; fII:E): ABSENr: Commissioners Amato, Clark, Szany, Papay None Commissioner Hedlund _ .. _0_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. _.:_ _~_ .. .. .. .. .. RESOWTION 1410 A resolution granting CUP 89-006 to expand the current preschool. to 35 children, and .to include a full-time school with 80 students (kindergarten through 1 Oth grade) within the existing facilities at 805 N. First Avenue. Mr. Woolard read the title of the resolution. MOTION .\l was moved by CommisslonerCtark, seconded by Commissioner Amato to adopt Resolution 1410 to formally affirm the decision of May 23, 1989. reflecting the findings of the Commission and the votes thereon. ROLL CALL: A~: fII:E): ABSENT: Commissioners Amato. Clark. Szany. Papay None Commissioner Hedlund Chairman Papay noted that there is a five working day appeal period. MATTERS.FROM COUNCIL None .. ........ -,.. .. .... .. .. .. --- .. .... .... .. .. .. .. .. .. .. .. ---.. .... ...... MATTERS FROM COMMiSSiON None MATTERS FROM STAFF None ADJOURNMENT 8:45 .pm I. "1 , If I' :'/..J1J:;tAd/1f'7..J I../Jt1J1-'?f/.A'. _ Secretary. Arcadia Planning Commission Arcadia City Planning Commission June 13. 1.989 Page 6