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RESOLUTION NO. ll2l
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA MAKING FINDINGS OF FACT
AND DENYING AN APPEAL OF THE MODIFICATION
COMMITTEE'S DENIAL OF MODIFICATION M-79-l39
TO ALLOW A TWENTY-EIGHT FOOT REAR YARD SET-
BACK IN LIEU OF A THIRTY-FIVE FOOT REAR YARD
SETBACK REQUIRED FOR A PROPOSED SECOND STORY
ADDITION TO THE ~ffiIN DWELLING AT l670 ELEVADO
AVENUE
\~EREAS, on October 30, 1979, an appeal of the Modification
Committee's denial of Modification M-79-l39 was filed by Jerry and
Ann Durgerian to allow a twenty-eight foot rear yard setback in
lieu of a thirty-five foot rear yard setback required for a proposed
second-story addition to the main dwelling at l670 Elevado Avenue,
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more particularly described as follows:
Lot 9 of Tract No. l6920 in the City of Arcadia, County
of Los Angeles, State of California, as per Map recorded
in Book 386, Page 1 through 3 inclusive of Maps in the
office of said County Recorder
WHEREAS, the public hearing was held on November 13, 1979, 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. That we hereby make the following findings of fact:
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l. That the proposed second-story addition would be
detrimental to the public health and welfare, and injurious to the
property or improvements in its zone or vicinity.
2. That the proposed second-story addition would not
secure an appropriate improvement of the property.
3. That the proposed second-story addition would not
promote uniformity of development in its zone or vicinity.
Section 3. Based on the foregoing findings of fact, we hereby
deny the appeal of the Modification Committee's denial of Modification
M-79-139.
Section 4. The Secretary shall certify to the adoption of
this Resolution.
I HEREBY CERTIFY that the foregoing Resolution was adopted at
~ a regular meeting of the Planning Commission of the City of Arcadia
held on November 27, 1979, by the following vote:
AYES: Commissioners Fee, Hedlund, Hegg, Kuyper, Soldate,
Sargis
NOES: None
ABSENT: Commissioner Brink
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Chairman
ATTEST:
. ~rf j)j,(JAMJ'Mljdd-~
Secretary
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112l
1.,_ - _..'
. NOVEMBER 13, 1979
TO
FROM:
CASE NO:
PREPARED BY:
CITY OF ARCADIA
PLANNING COMMISSION
PLANNING DEPARTMENT
MODIFICATION M-79-l39
WILFRED E. WONG
ASSISTANT PLANNER
GENERAL INFORMATION
APPLICANT:
JERRY & ANN DURGERIAN
LOCATION:
REQUEST:
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EXISTING
LAND USE &
ZONING:
LOT AREA:
FRONTAGE:
SURROUNDING
LAND USE &
ZONING:
GENERAL PLAN:
1670 ELEVADO AVENUE
AN APPEAL OF THE MODIFICATION COMMITTEE'S DENIAL
(3-0 vote) TO ALLOW A 28 FOOT REAR YARD SETBACK
FOR A PROPOSED SECOND-STORY ADDITION TO THE MAIN
DWELLING IN LIEU OF A 35 FOOT SETBACK REQUIRED
(9252.2.81)
SINGLE-FAMILY DWELLING; ZONED R-lD
APPROXIMATELY 10,300 SQUARE FEET (.24 ACRES)
85 FEET ALONG ELEVADO AVENUE
PROPERTIES SURROUNDING THE SUBJECT SITE ARE DEVELOPED
WITH SINGLE-FAMILY DWELLINGS; ZONED R-ID
SINGLE-FAMILY RESIDENTIAL (0-4 dufac)
ANALYSIS
The subject property is at a higher elevation than the properties
to the rear (along Alta Oaks Drive). The applicants sought to retain
the existing patio area by constructing the proposed two bedroom and
bath addition over the patio. The construction of the addition as
proposed would minimize disruption to the existing dwelling.
The applicants submitted several photographs to show how the exist-
ing trees would reduce visibility towards the adjoining properties.
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M-79-l39
The applicants also indicated a willingness to relocate windows,
provide additional landscaping, and use frosted windows. The
Homeowners' Association had reviewed and approved the proposed
addition.
Two letters from adjoining rear property owners (1709 and 1685
Alta Oaks Drive) in opposition to the proposed addition were re-
ceived by the Planning Department. Residents of two other adjoin-
ing rear properties were in attendance and testified in opposition
(1691 and 1701 Alta Oaks Drive). The principal objection was their
loss of privacy.
The Modification Committee noted that if the setback was 35 feet from
the rear property line (as required by Code) there would still be
the loss of privacy. The Modification Committee felt that the de-
letion or relocation of the patio would allow for a single-story
addition, in compliance with Code, and would provide for a more
appropriate development. Also, other alternatives which would be
in compliance with Code should be pursued.
An appeal of the Committee's denial was filed by the applicants.
A copy of the applicants' letter of appeal and letters in opposition
received for the Modification Hearing are attached.
FINDINGS
To approve this modification application, the Planning Commission
must find that the request would secure an appropriate improvement,
or prevent an unreasonable hardship, or promote uniformity of devel-
opment.
PLANNING DEPARTMENT
~~~~
Assistant Planner
WEW/vb
Attachments
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l670 Elevado Ave.
Arcadia, Ca. 91006
October 30, 1979
REC~.'ciZD
Planning Commission
Arcadia City Hall
240 W. Huntington Dr.
. Arcadia, Ca. 91006
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CITY c,,- ....r: '\'--'1;:.,
P'....^NN1NG L",:T
Dear Commissioners I
We would like to appeal the ruling of the
Modification Committee on Application
No. M-79-139. The public hearing date
was Tuesday, October 23, 1979 at 2100 p.m.
.
Attached is a summarized version of our case
to be presented at a later date.
. Sin7erelY, C r,
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Mrs. Je ry rgerla
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. 1670 Elevado
M-7~139
Approximately twelve years ago we began iooking for a home in Arcadia.
We searched for almost two years before we found a home in a location
that filled the majority of our expectations.
It featured beautifully maintained landscaping and a large enclosed
patio. The back yard was not large, but adequate for two toddler boys.
The only major shortcoming was it relatively small in square footage
and only had two bedrooms.
Over the past three years we have contemplated various possibilities
for adding on to the existing structure.
Aft:r.many trips to several architects and several major concept
reV~Slons, we decided that the present plan achieved most of the desired.
results. It would add two bedrooms and a bath over a land space already
being utilized by our existing patio. It would provide the roof and
vertical supports to attach a window and screen combination to enclose
the patio again. We now use the patio to eat dinner in the warmer
months. With the sliding windows and infrared heater, we could also
utilize the area in the cooler months.
The major advantage is that the structure is a completely self-contained
unit, which does not require any destruction of walls which were just
paneled, wallpapered and painted. In effect it would eliminate the
general turmoil of house additions.
The attached plot plan shows the proposed windows are located to insure
maximum privacy for lots directly adjacent to our back yard. The
smallest window, which faces the Curry's home, has a 90% view of a huge
oak tree and a lO% view of their living room windows which are set back
at least 40 to 50 feet.
At the Modification Comnittee Meeting, several alternatives were given to
insure the Curry's privacy. First, a row of trees of adequate size to
obscure any view of his house with a written guarantee that they be
maintained. Second, the raising of that window to six feef, in order
to eliminate the view but provide ventilation only. Third, the complete
elimination of that window. A fourth alternative was suggested at the
meeting of frosted glass, to which we readily agreed. Since our
addition will be bedrooms, we are also concerned about privacy.
Actually, all that would be necessary for their privacy would be
'draperies. If we were inclined to peep, we could do that now and be
thirty feet closer by the fence.
Mr. George Watts reminded the objectors that if we merely moved back a
few feet that we could build anyway but would not be required to perform
any of the alternatives.
None of the proposed alternatives were acceptable to the Curry's. This
leads to the obvious conclusion that they ~re not as !nterested in
privacy as they were in personal vindictiveness for events which
occurred almost nine years ago, when we reprimanded actions by their
children.
RECEi';/ZO
n(~-'- n.1 1070
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CITY OF ARC",OIA
PLANNING DEPT.
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1670 Elevado
Page 2
Mr. Rauperstrauch had already signed the original petition, but bowed
to pressure from his wife. He removed his name while my wife was
presenting the plans to Mr. and Mrs. Vollmer, his neighbors to the
north. The Vollmers signed the petition gladly, but when later
approached by their neighbors of over 26 years, reluctantly concured
with them although they saw no reason for their objections. As for
the neighbors just south of the Curry's, we have not spoken to them.
However, the Curry's told them that we could look into their pool area.
That is false since not only our tree, but two others would have to be
removed before we could look into their yard.
Although, I feel the majority of the Modification Committee would have
approved the plans, they felt that since Curry claimed four neighbors
objected that they would not try to overrule their objections.
I am sure that all the rest of our neighbors do not object and will
bring letters from them confirming my convictions.
We can build our addition by relocating it several more feet further
away from the fence, or postpone our addition until that regulation
is changed within the next year. Therefore, it seems reasonable to
approve the plans as presented to avoid much higher building cos~later.
Realizing the work load of the Planning Commission, I would suggest a
single representative come to our home to confirm to the accuracy of
our statements. That representative could then report his findings
to the entire board.
Thank you for your consideration.
RECii:i-....i:::D
l!CT 31 i979
CITY OF ARCADIA
PLANNING DEPT.
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ALVIN 6, 'vOLLMeF/
1709 N<o'A.l.TA OA.KS OFt.
ARCAOfA.. C~l'FOJtNJA
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RECEI\/ED
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October 22, 1979
CITY OF ARCADIA
PLANNING DEPT.
Wilfred Wcng
Flanning Department
Apflication No: M-79-1,9
AHlicant:
Jerry and Ann ~rgerian
Addres s :
1670 Elevado Avenue
The new addition will invade ocr privacy. We have a pool and don't
like the idea of nei~hbors being able to see frcm an elevated and
UDrestrioted viewpoint. We enjoy our privecy and wo~ld feel the
~r08chment of unrestricted visicn onto our premises.
If the secend story is restricted to street vision only (westerly)
there would be no objection on our part.
Thank you for ycur consicereticn.
Gary L. Thotls e
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- tieueen A. Thcmas
1685 Ai ta Oake
Arcadia, Ca lif.
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