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PLANNING COMMISSION RESOLUTION NO. 1235
A RESOLUTION GRANTING ZONE VARIANCE V-83-2 TO ALLOW
INTERIOR AND EXTERIOR STRUCTURAL ALTERATIONS TO A
SECOND DWELLING UNIT ON A R-1 LOT, AT 1126-1130
SOUTH MAYFLOWER,AVENUE.
WHEREAS, an application was filed on April 4, 1983 by Richard A.
and Dona B. Dupre requesting a zone variance to allow interior and
exteri~r structural alterations to a second dwelling on an R-l lot
containing three dwellings, Planning Department Case No. V-83-2, on
property commonly known as 1126-1130 South Mayflower Avenue, more
particularly described as follows:
The southerly 117.55 feet of the northerly 192.55
feet of the westerly 346.22 feet of Lot 28 of F. A. Grier
Tract, as per Map recorded in Book 23, Page 40 of Maps,
measured on the westerly line of said lot.
WHEREAS, a public hearing was held on said matter on April 26, 1983,
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
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 as follows:
1. 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.
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 substantial property right of the applicant possessed
by other property in the same zone and vicinity.
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4. That the granting of such variance will not adversely affect
the comprehensive General Plan.
Section 3. That for the foregoing reasons, this Commission
grants a zone variance to allow structural alterations to the interior
and exterior of a second dwelling on an R-1 lot upon the following
'conditions:
1. That the applicant submit two complete sets of plans and
energy calculations to the Building Department for its review and
approval and that all the necessary permits be obtained prior to
proceeding with any further work.
2. That this zone variance will not take effect until the owner
and applicant have executed a form available at the Planning Department
indicating awareness and acceptance of the conditions of approval.
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 held on the 10 jay of
May, 1983, by the following vote:
AYES: Commissioners Dixon, Harbicht, Kirkpatrick, Wells, Fee
NOES: Commissioner Sargis
ABSENT : None
ABSTAIN: Commissioner Jahnke
ATTEST:
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, 'Secretary
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1235
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APRIL 26, 1983
TO:
FROM:
CPSE NO.:
PREPARED BY:
GENERAL INFORMATION
APPLICANT:
LOCATION:
REQUEST:
LOT AREA:
FRONTAGE:
EXISTING LAND
USE & ZONING:
SURROUNDING LAND
USE & WNING
GENERAL PLAN
DESIGNATION:
SPECIAL INFORMATION
ARCADIA CITY PLANNING COMMISSION
PLANNING DEPARTMENT.
V-83-2
DONNA L. BUTLER
ASSOCIATE PLANNER
Richard and Dora Dupre
1126-28-1130 South Mayflower
Zone Variance to make structural alterations to
the interior and exterior of a second dwelling on
a lot containing three dwellings (Section 9244.2
of the Arcadia Municipal Code),
40,698 square feet (.93 acres)
117.55 feet on Mayflower Avenue
The site is developed with three dwellings:
zoned R-1
Properties to the north, south, east and west are
developed with single family dwellings; zoned R-1.
Single family residential 0-6 du/ac
On March 23, 1983 the Building Inspector visited the subject property
and noted that the applicants had gutted approximately 80% of the
interior of the house at 1130 South Mayflower Avenue and that all the
exterior siding had been removed, as well as an existing enclosed porch
(100 sq, ft.). Some new interior walls had been constructed, new
windows put in and also new plumbing installed. All work had been done
without permits. A stop work order was placed on the house.
Page 1
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The subject property contains three dwellings, which results in the uses
beIng nonconforming to today's codes.
Section 9244.1 of the Arcadia municipal Code states: "A nonconforming
building may be continued, provided no additions or enlargements are
made thereto and no structural alterations are made therein, except
those required by law or except as may be permitted in accordance with
Title 2 of Divisions 1 and 2 of Part 5 of this Chapter or Division 1
and 2 of Part 9 of this Chapter" (variance and modifications proce-
dures) .
According to the Building Department records, this house was con-
structed in 1945. The house contains 682.5 square feet. The R-l
zone presently requires a minimum square footage of 1,200 square feet
for a dwelling. The other homes at 1126 - 1128 Mayflower were
constructed in 1955.
The interior alterations included enlarging the bathroom area and
constructing a wall between the living room and the kitchen,
The Building Inspector noted the following deficiencies during his
inspection:
1. Some existing exterior walls have 2x4 studs at 24" on center - -
the code requires 16" on center.
2.
3.
Ceiling joists in the living room are over spanned - 2x8 is required.
2x4 rafters are over spanned - 2x6 rafters are required,
4. Bracing from the rafters to ceiling joists needs to be removed.
5. All new walls that have been installed on the interior must be
removed for the following reasons:
1. ,Mud sills are not of treated wood.
2. Headers are 2x4 (single) - not 4x4 or larger.
3. Single top plate - two are required.
6. The new underground plumbing (waste) has not been tested or in-
spected.
The house at 1130 Mayflower is set back approximately 7 feet from the
southerly property line. There is approximately 20 feet between this
house and the front house (1128 Mayflower). There is a garage which
accommodates four cars located along the northerly property line.
REQUIRED FINDINGS:
The Planning Commission should examine the information and make findings
which are relevant to the prerequisite conditions below:
Section 9291.1. 2. of the Arcadia Municipal Code states: "Prerequisite
Conditions: Before a variance may be granted, it shall be shown:
V-83-2
4/19/83
Page 2
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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.
B. That the granting of such variance will notbe materially detri-
mental 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 enjoy-
ment of a substantial property right of the applicant possessed
by other property in the same zone and vicinity.
D. That the granting of such variance will not adversely affect
the comprehensive General Plan."
Attached for your consideration are those pages of the application
in which the applicants have stated their case regarding the afore-
mentioned prerequisite conditions.
ANALYSIS
The proposed zone variance, in staff's opinion, does not meet the above
criteria.
Also, the purpose of Section 9244.2 is to discourage the permanent
retention of nonconforming uses.
If the Planning Commission determines that this zone variance should be
granted, the dwelling should comply with all the building code require-
ments.
Attached for your consideration are the variance application form and
the Building Department's report.
Even if this zone variance is denied, in order for the building to be
used as an accessory building, the structure would have to be brought
into compliance with the building 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 substan-
tial 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 Declara-
tion has been prepared for this project.
V-83-2
4/19/83
Page 3
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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 significant effect on the
environment".
RECOMMENDATION
The Planning Department recommends denial of zone variance V-83-2.
However, should the Planning Commission wish to approve this application,
staff-recommends the following conditions of approval:
1. That the applicant submit two complete sets of plans and energy
calculations to the Building Department for its review and approval
and that all the necessary permits be obtained prior to proceeding
with any further work.
2. That this zone variance will not take effect until the owner and
applicant have executed a form available at the Planning Depart-
ment indicating awareness and acceptance of the conditions of
approval.
V-83-2
4/19/83
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~ April 8, 1983
TO:
D. Butler, Planning Department
FROM:
SUBJECT:
C. McGinnis, Building Inspector
1126 - 1128 S. Mayflower Avenue
The rear house has had approximately 80% of the interior gutted,
and all of the exterior siding removed.
All new walls that have been installed on the interior must be
removed for the following reasons:
1. Mud sills are not of treated wood,
2. Headers are 2 x 4 (single) - not 4 x 4 or larger,
3. Single top plate - two are required.
.
Some existing exterior walls have 2 x 4 studs at 24" a.c. -
16" O.C. is required. Ceiling joists in living room are over
spanned - 2 x 8 is required. 2 x 4 rafters are over spanned -
2 x 6 are required. Bracing from rafters to ceiling joists
shall be removed.
New underground plumbing (~astel has not been tested or inspected.
2 complete sew of plans and energy calculations must be submitted.
Building, electrical, plumbing, and heating permits are required.
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STATEMENT
To: Arcadia City Counci 1
Arcadia Planning Commission
Our reason (though probably not valid in the eyes of the City) for
beginning work before obtaining a permit was as follows:
We are not experienced remodelers and felt we could orovide a better
plan to the Planning Department (for permit purposes) if we took the
building far enough apart to determine exactly what work needed to be
done.
It was never our intention to complete this renovation without obtaining
the necessary permits and inspection,
~a~ Q~
April 4, 1983