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RESOLUTION NO. 1007
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA DENYING A ZONE VARIANCE
TO CONSTRUCT TWO DETACHED DWELLINGS ON AN
8,500 SQUARE FOOT LOT IN LIEU OF 10,000
SQUARE FEET REQUIRED AT 432 DIAMONP STREET.
WHEREAS, on July 12, 1977, Michael D. Stewart filed an
application for a zone variance to construct two detached dwellings
on an 8,500 square foot lot in lieu of 10,000 square feet required
in the R-2 Zone, Planning Department Case No. V-77-3; on property
located at 432 Diamond Street, more particularly described as
follows:
Part of Block 50, Santa Anita Tract, in the city of
Arcadia, County of Los Angeles, as recorded in
M.R. 34, page 41, in the office of the Recorder of
said County.
WHEREAS, a public hearing was held on said matter on
August 23, 1977, at which time all interested persons were given
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full opportunity to be heard and to present evidence;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Planning
Department in the attached staff report is true and correct.
SECTION 2. This Commission finds:
1. That there are no exceptional or extraordinary circum-
stances or conditions applicable to the property involved, or to
the intended use of the property, that ~o not apply generally to
the property or class of use in the same zone or vicinity.
2. That the granting of such variance could be materially
detrimental to the public health or welfare or injurious to the
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,. property or improvements in such zone or vicinity in which the
property is located.
3. That such variance is not necessary for the preservation
and enjoyment of a substantial property right of the applicant possessed
by other property in the same zone and vicinity.
SECTION 3. That for the foregoing reasons, this Commission
denied Zone Variance Z-77-3 to construct two detached dwellings
on an 8,500 square foot lot in lieu of 10,000 square feet required
by the R-2 Zone.
SECTION 4. The Secretary shall certify to, the adoption of
this resolution.
I HEREBY CERTIFY that the foregoing resolution was adopted
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at a regular meeting of the Planning Commission of the City of Arcadia
held on the 13th day of September 1977, by the following vote:
AYES: Commissioners Hegg, Huddy, Kuyper, Reiter,
Sargis, perlis .
NOES: None
ABSTAIN: Commissioner Clark
ABSENT: None
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Chairman ~
ATTEST:
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Secretary
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1007
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August 23, 1977
TO:
FROM:
CASE NO.:
PREPARED BY:
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CITY OF ARCADIA
PLANNING COMMISSION
PLANNING DEPARTMENT
V-77- 3
JEFFREY F. WITTE
ASSOCIATE PLANNER
GENERAL 1NFO~1ATION
APPLICANT:
Michael D, Stewart
LOCATION:
REQUEST:
EXISTING
ZONING:
EXI STI NG
LAND USE:
AREA:
FRONTAGE:
SURROUNDING
LAND USE
AND ZONING:
GENERAL PLAN:
432 Diamond Street
Variance for two detached dwellings on an 8,500
square foot lot in lieu of 10,000 square feet
required by Code.
R-2
Single family dwelling
Approximately 8,500 square feet
Approximately 170 feet on Fifth Avenue
Approximately SO feet on Diamond Street
North, south and west: Multi-family use -- R-2 (Two
Family Residential)
East: Single family ll,;es -- City of Monrovia, R-D
(Residential Deep Lot)
Multiple Family Residential 7+ dwelling units per
acre
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V-77-3
2
PROPOSAL
The applicant is proposing to construct an additional detached
dwelling on an 8,500 square foot lot in lieu of 10,000 square
feet required by Codc,
The applicant is rcquesting two modifications:
1, A 10-foot separation hetween building in lieu of 25 feet
required by Code, '
2, A chain link fence encroaching 4,5 feet into a required
side yard setback.
Although the proposed development complies with the R-2 open
space standards, approximately 300 square feet of additional
open space could be provided if the two detached dwellings
were constructed on a 10,000 square foot lot,
ANALYSIS
The applicant's request for an additional dwelling unit on the
subject property could he accomplished by constructing an
attached dwelling unit to the existing single-family structure,
thus creating a duplex which is allowed by Code. This altcrnative
would require that the applicant bring the existing structure
up to current building code requirements. However, the applicant
has indicated that an unreasonable financial hardship would
result from the required improvements to thc existing structure,
Section 9291,1,2 of the Arcadia Municipal Code states:
"Prere;;uisite Conditions. Before a variance may be granted, it
shall e shown:
a, That there are exceptional or extraordinary circumstances
or conditions applicable to the propcrty 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,
b. That the granting of such variance wi I I not he 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,
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 zonc and vicinity.
d,That the granting of such variance will not adversely affect
the comprehensive general plan,"
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V-77-3
3
Attached are those pages of the application in which the appli-
cant has stated his case.
Prior to the granting of a varlance all of the criteria set forth
in the ordinance must he determined by relevant findings, and
supported by substantial evidence, Before the Planning Commission
grants or denies a variance application, they should examine the
evidence and relevant findings with respect to each of the
requisite criteria,
The applicant must meet the burden of proof and demonstrate
substantial proof of every criteria including:
1, Extraordinary circumstances mus~ be shown as to the property
itself (or the use on it) clearly distinguishing it from
other property similarly zoned -- the property (or use)
must be atypical.
2. Such uniqueness must directly relate to the need for
relief -- every lot is somewhat different; the difference
must be relevant to the need.
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3. An unnecessary hardship (not contemplated by the comprehensive
regulations) will result unless the variance is granted; such
hardship must relate to the use of the property (not to the
applicant personally), must involve more than financial
hardship, and may not be se1f- imposerl The hardship must
relate to a substantial property right presently enjoyed by
similarly zoned property but denied to the applicant because
of unusual conditions,
4. The granting of the variance should not be tantamount to a
rezoning of the property nor be contrary to the overall goals
(density, use, circulation, safety, bulk, etc,) of the
comprehensive general pian,
The Planning Department believes that the proposed zone variance
does not meet the above criteria, In the case of this application,
an additional dwelling on a substandard R-2 lot does not consti-
tute an exceptional or extraordinary circumstance which does not
generally apply to other properties in the same zone,
The granting of this variance is not necessary for the preserva-
tion and enjoyment of a substantial property right of the appli-
cant, due to the fact that the applicant may construct a duplex
by making the necessary improvements to the existing structure,
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On June 1, 1967, the City Attorney issued a report stating: "That
other similar variances have been granted elsewhere in the City,
.is not grounds for a variance," Thus, granting a variance for
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V-77-3
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this project would not set a precedent for future developments
of this nature, It is staff's opinion that although this
development would enhance the residential neighborhood surround-
ing the subject site, the proposal does not meet the criteria
for a zone variance,
Pursuant. to the provisions of the California Environmental
Quality Act, the Planning Department has prepared an initial
study for the proposed project. Said initial study did not dis-
close any substantial or potentially substantial adverse change
in any of the physical conditions within the area affected by
the project including land, air, water, minerals, flora, fauna,
ambient noise, and objects of historical or aesthetic signifi-
cance, Therefore, a Negative Decla~ation has been prepared for
this project.
Before the Planning Commission takes action on this project,
the Commission should "move to approve and fi Ie the .Negati ve
Declaration and find that the project will not have a significant
effect on the environment,"
RECOMMENDATION
The Planning Department recommends that Zone Variance V-77-3
be denied. However, should the Planning Commission wish to
approve this application, the Commission should make the follow-
ing findings:
1, That there are exceptional or extraordinary citcumstances
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 us~ in the same zone
or vicinity,
2. 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,
3, That such variance is necessary for the preservation and
enjoyment of a suhstantial property right of the applicant
possessed by other property in the same zone and vicinity,
4. That the granting of such variance will not adversely affect
the comprehensive general plan.
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APPLICATION fOR ZOt'IE VA''' \I.ICE
TO THE CITY PLANNING COMMISSION:
F i I e t-Jo, ':i::ll=3,
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1. APPLICANT
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NAME
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ADDRESS _4-'3'2- 'Dlb.IV\.-..r- {'> __ul!:
TELEPHONE NUMBER 4-4-C;"' - c::>.r4-5'"
INTEREST IN PROPERTY Cl""f'\G" G
2, PROPERTY OWNER
NAME
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ADDRESS
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TELEPHONE NUMBER
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DA TE PROPERTY WAS ACQUIRED
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3, PROPERTY ADDRESS
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4. LEGAL DESCRIPTION ,J'~T' -'>F :>................ ~".'I"A ~_r7' fY\ ~ . ~.... 'PGo.1'
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6. REQUES T:
(Use Ihis 'roce Ot'-lLY to slole p.YCJclly wl",1 j, inlm"Jcd lor II,e IHopcrly
whid, doe" nol-~o;~'r;;rrn will, ,-onin~1 rc~rJulolion~.)
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7, PREREQUISITE COt--JDlllvNS:
(file 1 1\ VI RLOUIRLS lilnl ,11~ conditions set forth belo"';
be ci~o;'y-e;i;bi:;i;'ed before 0 voriance CAN be granted,)
EXPL^ I '--J IN DFl ^I L VII11:I~E It,J YOUR CASE CONFORMS
10 H1ESE FOUR COt--JDllI0I'JS:
A, That there are exceplianal or extraordinary circun1slunc~s or conditions applicoble
to the properly involved, or to the inlended use of the prof)erty, that do not apply
generally to the property or class of use in the same zone or vicinity.
DuL- 1'""c> E.->><'<;'f1"-4 ~\)II...-bl"c. c...oE.. ,,,,,u\C..u,,,,"o...lLI>
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B, That the granting of such voriance will not be materially delri~lental to the public
health or welfare or injurious to the property or improvements in such zone or vicinity,
r~F~~ f'I{.C>JC'...<::.T 'VI\\ c:.-"'fL-.( 'V\~ l>-Ll 2..0"'11')(,
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loading, landscaping and other features required to adjust said
use with the land and uses in the neighborhood.
4. The site abuts streets and highways adequate in
width and pavement type to carry the kind of traffic generated by
the proposed use.
5. The granting of such conditional use permit will not
adversely affect the General Plan.
6. The use applied for will not have a substantial
adverse impact on the environment.
SECTION 3. That for the foregoing reasons, supject to
approval of the City Council, this Commission grants a conditional
use permit for a pre-school upon the following conditions:
1. The property shall be improved and maintained in
accordance with the plans which are on file in the subject Case
No. C.U.P. 77-19 and applicable regulations of the Arcadia Municipal
Code.
2. That ingress be situated on the easterly drive of
the property and egress be situated on the westerly drive of the
property. ~irectional signs and the words "IN" and "OUT" shall be
painted on the driveway for proper ingress and egress.
3. That a IDOdificaJ'ion be granted for the 5 foot 6 inch
high masonry wall on the east property line.
4. That all signs shall comply with Code Section 9275.3.9
and all illegal signs shall be removed.
5. That the existing landscaping be permanently irrigated
and maintained.
6. That the number of children be limited to 24.
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7. That hours of operation be limited to 6:30 a.m. to
6:00 p.m.
8. That a minimum of 50 percent of the rear yard asphalt
area be removed and replaced by grass.
SECTION 4. The Secretary shall certify to the adoption
of this resolution and shall cause a copy to be forwarded to the
City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the Planning Commission of the
City of Arcadia held on the 13th day of September, 1977, by the
following vote:
AYES:
Commissioners Hegg, Huddy, Kuyper, Reiter,
Sargis, Perlis
NOES:
ABSTAIN:
ABSENT:
None
Commissioner
None
Clark
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Cha~rman
ATTEST:
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secreta~
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1006
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August 23, 1977
TO:
FROM:
CASE NO,:
PREPARED BY:
CITY OF ARCAD1A
PLANNING COMMISSION
PLfu~NING DEPARTMENT
C.U,P, 77-19
BUD N, LORTZ
ASSISTANT PLfu~NER
GENERAL INFORMATION
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APPLICANTS:
LOCATION:
REQUEST:
EXISTING
ZONING:
EXISTING
LAND USE:
SIZE:
FRONTAGE:
SURROUNDING
LAND USE
AND ZONING:
Susan Mattie and Lee Richard Searing
103 West Las Tunas Drive
Conditional use permit to operate a pre-school
COO
Realty office
Approximately 10,575 square feet (.24 acres)
90 feet on Las Tunas Drive
North:
South:
East:
West:
Single-family residential -- R-l
Mixed commercial -- C-M
Professional office and restaurant C-Z
Medical office and residential -- C-O
GENERAL PLAN: Commercial
ANALYSIS
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The site contains an existing building which is presently used
as a realty office, The proposed pre-school consists of two
classrooms containing 400 square feet and 384,8 square feet,
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C,U,P. 77-19
2
A 98 square foot addition is proposed for one of the classrooms.
The proposed pre-school would have adequate indoor and outdoor
play areas which would accommodate Z4 children. The applicant
proposes to instruct children between the ages of 2 and 5 years
with two full-time teachers and one part-time teacher. The
hours of operation for the proposed pre-school would be from
6:30 a.m, to 6:00 p,m" Monday through Friday,
There is an existing circular driveway that would provide an
adequate area for the safe loading and unloading of children,
According to a site inspection, the proposed plans are inaccurate
with regard to parking, There is adequate area for four auto-
mobiles on the south side of the building, The proposed gates
on the west side of the building should not open in a manner
that would cause a conflict with the on-site parking.
A 6-foot high reinforced concrete block wall encloses the rear
yard area on the west and north, The existing masonry wall on
the east property line is 5 feet 6 inches high in lieu of 6 feet
required by Code,
.
Pursuant to the provisions of the California Environmental
Quality Act, the Planning Department has prepared an initial
study for the proposed project, Said initial study did not
disclose any substantial or potentially substantial adverse
change in any of the physical conditions within the area affected
by the project including land, air, water, minerals, flora,
fauna, ambient noise, and objects of historical or aesthetic
significance, Therefore, a Negative Declaration has been
prepared for this project,
Before the Planning Commission takes action on this project, the
Commission should "move to approve and file the Negative
Declaration and find that the project will not have a signifi-
cant effect on the environment."
RECOMMENDAT ION
The Planning Department recommends approval of C.U.P. 77-19
subject to the following conditions:
1, That ingress be situated on the easterly side of the
property and egress be situated on the westerly side of
the property, Directional signs and the words "IN" and
"OUT" shall be painted on the driveway for proper ingress
and egress,
. 2, That a modification be granted for the 5 foot 6 inch high
masonry wall on the east property line,
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C,U,p, 77-19
3
3, That all signs shall comply with Code Section 9275,3.9.
4, That the existing landscaping be permanently irrigated
and maintained,
5, That the number of children be limited to 24,
6, That the hours of operation be limited to 6:30 a,m, to
6:00 p,m,
7. That a minimum of SO percent of the rear yard asphalt area
be removed and replaced by grass,
B0IL/at
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