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HomeMy WebLinkAbout1227 .~. .' - . - ,,' PLANNING COMMISSION RESOLUTION NO. 1227 A RESOLUTION OF THE PLANNING COMMISSION OF "tHe. CITY OF ARCADIA DENYING ZONE VARIANCE V-83-1 TO ALLOW THE OPERATION OF A BUSINESS OFFICE (DBA WORLDWIDE BLOODSTOCK AGENCY') ON AN R-1 (SINGLE-FAMILY) ZONED PROPERTY LOCATED AT 180 WEST HUNTINGTON DRIVE. WHEREAS, on January 28, 1983, Mr. Albert Yank filed an application requesting a zone variance to permit the operation of a business office in an R-l zone, Planning Department Case No, V-83-1, on property commonly known as 180 West Huntington Drive, more particularly described as follows: Lot 5 of Tract No. 949 in the City of Arcadia, County of Los Angeles, State of California as per Map recorded in Book 17, Page 13, of Maps in the 8ffice of said County Recorder. WHEREAS, a public hearing was held on March 8, 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 report is true and correct. Section 2. This Commission finds: That the granting of the variance would not provide for consis- tency with the General Plan which designates the subject property as commercial; therefore, a more appropriate means to resolve this matter would be to rezone the subject property to a commercial zone. , Section 3. That for the foregoing reason this Commission hereby denies the application for Zone Variance V-83-1 - --..,,-..----- -.....-.- - --.---.. '-'-. ...-.... -..... h ..___.___"..~.=-=-- - 1 - 1227 . . . ~. , I' The Secret.:lry sh.:lll certify to the adoption of Section 4. this resolution. I HEREBY CERTIFY th.:lt the foregoing resolution was adopted at a regular meeting of the Pl.:lnning Commission of the City of Arcadia on the 22nd d.:lY of March, .1983by the following vote: AYES: Commissioners Jahnke, Kirkpatrick, Kuyper, Fee NOES: Commissioner Sargis ABSENT: Commissioner Harbicht ABSTAIN: Commissioner Dixon .j~ ATTEST: /;~~~ Secrct.:lry ----- - 2 - 1227 /' .. . FEBRUARY 22, 1983 . . TO: FROM: CASE NO.: PREPARED BY: GENERAL INFORMATION APPLICANT: LOCATION: REQUEST: LOT AREA: FRONTAGE: EXISTING LAND USE & ZONING: SURROUNDING LAND USE & ZONING: GENERAL PLAN DESIGNATION: HISTORY ~ }/ \-/ CITY OF ARCADIA PLANNING COMMISSION PLANNING DEPARTMENT V-83-1 CORKRAN W. NICHOLSON ASSISTANT PLANNER Albert Yank (Owner) 180 West Huntington Drive A zone variance to permit the operation of the WorldWide Bloodstock Agency (office use: agents for thoroughbred racing and breeding stock) within an R-1 (single-family) zone. Approximately 11,800 square feet (.27 acres) 60.33' on Huntington Drive The site is developed with a single-family dwelling; zoned R-l North: Developed with a parking lot for the Santa Anita Race Track: zoned S-l Developed with the City Hall and soccer field; unzoned. ~eve10ped with the Ramada Inn Hotel: zoned C-2H Developed with a parking lot for the Santa Anita Race Track: zoned S-l South: East: West: Commercial In the course of the City Council's review of the ylans for the Santa Page 1 . . . Anita Plaza project to be located on the Ramada Inn site, questions were raised by the Council regarding the current use or vses being conducted on the subject property. In order for staff to accurately inform the City Council of the existing use of the property, the City Manager and the Director of Planning, on December 12, 1982, met with Mr. Yank at his property at.180 West Hunting- ton Drive. Mr. Yank showed staff the business and residential portions of his house. On December 23, 1983. a staff report on the status of the property was presented to the City Council with staff's recommendation that the City pursue having Mr. Yank apply for a variance, which is before you tonight. SPECIAL INFORMATION Following the total destruction of his home in Sylmar from the San Fernando eartnquake, Mr. Yank moved into the house, which was well located for his business (proximity to Santa Anita and the California Thoroughbred Breeders Association), Mr. Yank and his wife reside in the entire first floor portion of the building. Mr. Yank's business offices occupy the second floor of the building. Mr. Yank stated that besides himself'there are two other employees at this location. Mr. Yank operates the "WorldWide Bloodstock Agency" and as such main- tains files on all quality horses', The files are for the most part maintained in Kentucky, and linked to this location by a computer terminal. Mr. Yank is apparently an expert judge of horses and travels through- out the world to look at and evaluate horses for clients who have engaged his services. Mr. Yank also acts as a representative for both buyers and sellers of horses. For example at.the'last California Thoroughbred Breeders Association sale at Santa Anita, Nr. Yank represented approximately 50 - 60 horses. . Mr. Yank stated he does not sell horses and does not have a State resale number.' The State, in response to inquiry from our Finance Director; indicated that they nave no resale number for Mr. Yank or the WorldWide Bloodstock Agency. Mr. .Yank also maintains offices in Kentucky and Chantilly. France. He indicated that he makes approximately 20 trips each year to France. V-83-1 2/22/83 Page 2 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: IIPrere{uisite Conditions. Before a variance may be granted, it sha l be shown: A, That there are exceptional or extraordinary circumstances of conditions applicable to the property involved, or to the intended use of the property, that do not apply gen- erally to the property or class of use in the same zone or vicinity, 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. 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, 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 applicant has stated his case regarding the aforementioned prerequisite conditions. PROPOSAL/ANALYSIS The applicant is requesting that he be permitted to utilize the second- story portion of his residence (approximately 1400 square feet) for a business office (see attached floor plan). The business does not qualify for a Home Occupation Permit because the applicant employs help other than members of the household occupying such dwelling, and because the business occupies more than two hundred square feet. It is staff's opinion that the granting of this variance would not set a precedent for other residential properties in the City because there are exceptional circumstances which do not generally apply to other properties in this zone. The site is an isolated residential parcel surrounded by commercial businesses (Race track and Ramada Inn), and the public facilities of the City Hall. . V-83-1 2/22/83 Page 3 . . . Because of the characteristics of the properties which surround the subject site, it is staff's opinion that the granting of this zone variance would not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicini ty. The granting of this variance would not adversely affect the General Plan since the General Plan designation for this property is Commercial. 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. 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 approval of V-83-1 subject to the following conditions: 1. That smoke detectors shall be installed within the residence to the satisfaction of the Fire Department. 2. That V-83-1 shall not take effect until the applicant and owner have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of-approval. V-83-1 2/22/83 Page 4 . File No. ~..;~~..\ City of Arcadia APPLICATION FOR ZONE VARIANCE A. Applicant's Name Albert Yank Telephone No. l80 W. Huntington Drive Arcadia, California 91006 (213) 447-9206 Address Interest in Property Owner B. Property Owner's Name Altert & Dorothy Arleta Yank Address 180 W. Huntington Drive Arcadia, California 91006 Telephone No. (213) 447-9206 C. Property Address (Location) Sane as above . 0, Legal Description E. General Plan Designation F. Zone Claasification G. Requeat (Use this space to state exactly what use is intended for the property which does not conform with Arcadia Municipal Code zoning regulations.) TIe first floor is the residence of the Owner/Applicant. Tte second floor is 'used as a business office with one secretary and one OOokkeeper. Business is transacted ill various other locations and this is maintained as an office only. We are agents in the thoroughbred horse industry. . ..... -1- 9/78 .... ..' . PREQUISITE CONDITIONS: (The law requires that the conditions set forth below be clearly established before a zone variance ~ be granted.) . - EXPLi\IN IN'DETAII. \oIIIEREIN "yOUR CASE CONFORMS TO THE FOLLOWING FOUR CONDITIONS: . . . '. . 1. That- thereatee:K~eptionalor extraordinary circumstances or conditions appl1ca- b1etothe.'propertyinvolved, 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. We are the onlY residence sUrrounded by ccmnercial property. We haw~ ho1n aiJplovees in the office. Mr. Yank is a thoroughbred horse agent. '2. That.tbe granting of such variance will not be materially detrimental to the public health or. welfare or injurious to the property or improvements in such tone or vicinity. Our business is not detrimental to the public health or welfare or injurious <to the property . .' -2- 9/78 . .4. . 3. That such variance is necessary for the preservation and enjoyment of a substan- tial property right of the applicant possessed by other property in the same zone and vicinity. This property is surrounded Qy cnrnT1Prl'; "', prnp"rt-y That the granting of such variance will not adversely affect the comprehensive General.Plan. We will not adversely affect the General Pl.<lT1. NOTE: The Planning Commission is required by law to make a written finding of facts. based upon the information presented at the time of the public hearing, that beyond a reasonable doubt, the four above enumerated conditions apply. -3- 9/78 . . . LPlJ:E. ~#K f5-1 ]\J .~\ 0; 4) I '- ~rz\Ll~ .z. ~c.jtl2. . F\eLO " .' ~: - ' , "- " '.. " " "- " !' " . - . , - " , . '.'. ,~ ....." '.:. ,~6'" '<UN1.~e.D A """':':';":';'~.';'''::_''''''', . "" '~.'~:::,:':::,:' ':.':\~;:. ) .: .... ...~. ~'.'.., . .! . ' .,'.'. \J";~~.I LAND USE 8 ZON I NG I" = lOa' SCALE . ~,' ,,- , :~. .-'.-; '-:~~'-.:' '.- . i , ;t' ~. ~ ,.. I ~ , :,' \ '~,j . 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