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Home My WebLink About1090 . 4It .. ~ ..J ...,. t. L . ,~':"' t. RESOLUTION NO. 1090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA WAIVING THE REQUIREMENT OF A PARCEL MAP FOR THE PROPERTY AT 407 NORTH SECOND AVENUE. WHEREAS, an application has been filed for waiver of the requirements of a parcel map for the division of real property as described herein, and WHEREAS, the Planning Commission has determined, in accordance with applicable provisions of the Subdivision Map Act and local ordinances, that such application should be granted; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF ARCADIA AS FOLLOWS: SECTION 1. The requirement of a parcel map is waived for the following described proposed division of land: Applicant: Myles Marazzi 407 North Second Avenue Arcadia, California The address and legal description of the new parcel is described as follows: 407 North Second Avenue: Lot 15 and those portions of Lots 17 and 18 all in Block 83 of Arcadia Santa Anita Tract, as shown on map recorded in Book 15, pages B9 and 90 of Miscellaneous Records, in the office of the County Recorder of said county, included within the following described lines: Beginning at the Southeasterly corner of said Lot 17; thence along the Westerly line of Parcel 10 of Relinquishment of Highway Right of Way (665) recorded in Book R3lB2, page 478 of Official Records, in said office, N 100 31' 47" W, 25.33 feet to that certain course described in ParcelS of the easement conveyed by Director's Deed (D-CIIOS), recorded in Book D41S5, page 643 et seq., as having a bearing and length of S 600 17' 19" E, lSB.Sl feet; thence along said course N 600 17! 19" W, 153.66 feet to the Northerly line of said Lot IB; thence along said Northerly line and the Northerly line of said Lot 15, S BBo 55' 14" W, SB.B2 feet to the Westerly line of said Lot 15; thence along the Westerly, Southerly, and Easterly lines of said Lot LS, S 10 04' 07" E, 153.65 feet, N 880 55' 14" E, 50.00 feet and N 10 04' 07" W, 50.00 feet to the Southerly line of said Lot 17; -1- 1090 . . . . ~.'" -" ,oj" .- f. l . . thence along last said Southerly line, N BBo 55' 14" E, 145.00 feet to the Point of Beginning. SECTION 2. It is hereby found that the proposed division of land described above complies with all requirements as to area, improvement and design, floor and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and local ordinances which are applicable to the proposed division of land; and that the design of each parcel is in substantial compliance with the approved tentative parcel map. SECTION 3. 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 on the 13th day of February, 1979, by the following vote: AYES: Commissioners Brink, Clark, Hedlund, Perlis, Soldate, and Sargis NOES: None ABSENT: Commissioner Hegg ~~ r Chairman ATTEST: ~/J~d Secretary -2- l090 . . . ." . " ,- \ c -. March 13, 1979 TO: CITY OF ARCADIA PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJJ;:CT: REQUEST FOR WAIVER OF A FINAL PARCEL MAP (L-7B-27) PREPARED BY: THOMAS MARTIN ASSISTANT PLANNER Attached for your consideration is a request for Waiver of a Final Parcel Map for Tentative Parcel Map IlBll at 407 North Second Avenue. This map proposes to consolidate three parcels into one parcel. (See attached map) The City Council approved this consolidation on February 5, 1979. The applicant has complied with all applicable conditions of approval set forth in the approval of the Tentative Map. This application is eligible for a Waiver of a Parcel Map as set forth in Arcadia Municipal Code Section 911B. (a).l. If the Planning Commission wishes to grant this request it should approve the Waiver of Parcel Map IlBll and the Certificate of Compliance. Following this action, the Planning Commission should then adopt attached Resolution 1090 which sets forth specific findings for approval. PLANNING DEPARTMENT y0}Yl THOMAS MARTIN ASSISTANT PLANNER TM/cm Attachments -: fI (..a:> :<1 e.. ( n ~# 0;"-:;7[: ( WAIVER FRor1 PA~CEL ~\AP REGULATIONS . Date 2-/3-79 PLANNING COMMISSION C!TV OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA 91006 SUBJECT SITE(S): Dear Planning Commissioners: It is the desire of the undersigned to adjust the boundary between our properties or consolidat~ the lots as indicated on the attached map. I (We) request that the Planning Commission determine this division (or consolidation) of land qualifies for a waiver from the Parcel Map regula- tions in accordance with Section 9118.6 of the Arcadia Municipal Code. It is my (our) understanding that a waiver from the Parcel Map regulations does not relieve me (us) of the responsibility of complying with other ... applicable sections of the Arcadia Municipal Code. Very truly yours, !~}:t!t:M7j) 1 1''\ Lj l." ~ 1'-1, [\.,,\ 1\ \2 \l, 2.2 \ Owner's Name (Please Print) 1\ l))... Lt.) (2,; \ (LV I i~ Au c. Owner ' s Addres s ,~ n e \\. ~lI'L C i\-L; (- C' I;{ /.., I t1 , {~~~ ~ (1A.~ Owner s Signature . p., NN t-'\ l\. IV\ "2..2.. \ Owner's Name (Please Print) 1\ G1- U) ~ \\ \ \)..v, F~w A.u c. Owner's Addres s (::) \2..~"-l);t\. C~\..l \:V P-Iv"~ '-I L/-t - tf U: ).. Phone *4~ ~~ ~(, L Phone Representative's Name . Address Phone .1 IE: ~lAIIVt . PARCEL MAP ~11811 , . --- fODf~li~ /' ,." -,\,0 ",'" ./ ...- ,.. ~ .....- '" .....- ,.. /' ...- \ \ \ ~ ...- ,.. '" ,.. ,.. ,.. ,.. ,.. -' .....- .....- ~'" .....- ,~ LeyAL DG~~lrrIOtJ lor 15 MJD f'oe,lotJs Of Lor-s 11 AJO I b ~ UrA A~ITA jl?At.\ 11~ l~d~'4/4o ~k./ '1YLE~ f1A~Z.1 AIJD A~1.l 11A./2.AZ.ZI HE12e..e,y LEe-fiN fHAI we:. Aef. ,He.. fE.E. -rrrLe: ol..hLe.~ OF g€L.Oe.D of ALL -n-le eEAL p~pe.12:If 0 J -[Ii I ~ 11~P. DAfE: WLE.~ MAeAZ.Z.l ~ "(€. At..! IJ 11 t>.l2.AZ 2.1 .::.:. 'YaLF.: Id.sold' ~/~~~:-'RECORDING' r ( PLEASE RETURN TO: L""" . City of Arcadia City Clerk's Office 240 West Huntington Arcadia, California Drive 91006 CERTIFICATE OF COMPLIANCE LAND DIVISION APPLICANT: Myles Marazzi 407 North Second Avenue Arcadia, California ADDRESS OF SUBJECT PROPERTY: 407 North Second Avenue LEGAL DESCRIPTION OF SUBJECT PROPERTY AFTER CONSOLIDATION Lot 15 and those portions of Lots 17 and 18 all in Block 83 of Arcadia Santa Anita Tract, as shown on map recorded in Book 15, pages 89 and 90 of Miscellaneous Records, in the office of the County Recorder of said county, included within the following described lines: . Beginning at the Southeasterly corner of said Lot 17; thence along the Westerly line of Parcel 10 of Relinquishment of Highway Right of Way (665) recorded in Book R3182, page 478 of Official Records, in said office, N 100 31' 47" W, 25.33 feet to that certain course described in Parcel 5 of the easement conveyed by Director's Deed (0-CII05), recorded in Book 04155, page 643 et seq., as having a bearing and length of S 600 17' 19" E, 158.51 feet; thence along said course N 600 17' 19" w, 153.66 feet to the Northerly line of said Lot 18; thence along said Northerly line and the Northerly line of said Lot 15. S 880 55' 14" W, 58.82 feet to the Westerly line of said Lot 15; thence along the Westerly, Southerly, and Easterly lines of said Lot 15, S 10 04' 07" E, 153,65 feet, N 880 55' 14" E, 50.00 feet and N 10 04' 07" w, 50.00 feet to the Southerly line of said Lot 17; thence along last said Southerly line. N 880 55' 14" E, 145.00 feet to the Point of Beginning. The Planning Commission, acting pursuant to Government Code Section 66499.35 of the Subdivision Map Act and local ordinances enacted pursuant thereto, hereby certifies: 1. That the real property or the division thereof described herein complies with the applicable provisions of the Subdivision Map Act and local ordinances enacted pursuant thereto; and 2. That any conditions imposed in granting this Certificate of Compliance have been fulfilled and implemented by the Applicant or Applicant's grantee. and that no conditions remain to be fulfilled and implemented; and 3. That the issuance and recordation of this Certificate of Compliance has been duly authorized and approved by the Planning Commission of the City of Arcadia. . DATE 0, ISSUANCE: CITY OF ARCADIA PLANNING COMHISSION By: -1- Secretary of the Arcadia City Planning Commission . , , '. I.... f.lEeEIV~D JAN 1 5 1979 ~ CITY 0' A.RCA.CIA DulLe'...." t"~"", . January 14, 1979 Planning Commission Ci ty 0 f Arcadi a 240 West Huntington Drive Arcadia, California 91006 Attention: Mr. Wm. Woolard Director of Planning Gentlemen: This letter is a request to appeal the decision of the Modification Committee pursuant to a hearing on January 9, 1979 in behalf of Mr. John Wilkes, M-79-3. I am enclosing a check for $25 payable to the City of Arcadia. ~~er uly yours, ,'~ _ _ .~VC/~ ~ LI ' TH R. TESINS 1810 S Rowland . Arcadia, California 91006 I Enclosure I ,.,' ';"'." ,. '. " ......yo.. City ofA:rcadia CITY COUNCIL CAVID E. PARRY . ROBERT G:-MARGETT CHARLES E. GILB DONALD C. PELLEGRINO JACK SAELID ~ 240 WEST HUNTINGTON DRlVB ARCADIA, CALIFORNIA MAYOIlt ~RO TIlM~ORIl CITY MANAOER CHRISTINE VAN MAANEN . CIT'l' CI"IlIlUI. LYLE W. ALBERG January 12, 1979 Ms. Elizabeth R. Tesins IBID South Rowland Arcadia, Galifornia 91006 SUBJECT: Modification M-79-3 filed by Mr. Wilkes Dear Ms. Tesins: 4It I received your letter dated January 10, 1979 today, and it would appear that you would like to appeal the Modification Committee's decision on Modification Application M-79-3. The Arcadia Municipal Code has estaclished a procedure which you may use to appeal the decision of the Modification Committee. According to code, you must file your appeal within five working days of the date of the Modification Committee's decision. This appeal must be in the form of a letter to the Planning Commission and must be accompanied by an appeal fee of $25 in the form of a check made payable to the City of Arcadia. The Modification Committee meeting was on January 9, 1979 and the five working day appeal period will expire at 5:00 p.m. on January 16, 1979. If you plan to appeal the action taken by the Modification Committee on M-79-3, you must submit the aforesaid letter of appeal and appeal fee to the Planning Department not later than 5:00 p.m. on Tuesday, January 16, 1979. Yours truly, . ,:::" WILLIAM D. WOOLARD DIRECTOR OF PLANNI~G vlDW/cm ~ MA1LlNO ADDRESSES TELEPHONES ("',,.-... 1o?i"" III .... ......Y"V\ ..... ...."". . .... .....,"". ,. '. CITY COUNCIL DAVID E. PARRY MAYOR . ROBERT G. MARGETT "'AYOR ~AO-T[.M.-o"1l CHARLES E. GILB OONAl.D D. PEl.l..EGRIHO JACK SAELID -I LYLE W. ALBERG CITY ""AHA-OKA January 12, 1979 Ms. Elizabeth R. Tesins IBID South Rowland Arcadia, California 91006 SUBJECT: Plumbing permit Dear Ms. Tesins: . City of Arcadia 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA CHRISTINE VAN "'''ANEN CITY CLIl"1C. Pursuant to the copy of your letter to Alcadia Plumbing Company the Planning Department received on January 12, 1979, I am sending you a copy of Arcadia Municipal Code Section B230.1 which requires that a permit be obtained prior to the replacement of any plumbing fixtures. As of January 12, 1979, the City Building Division had not issued a permit for the replacement of a commode at IBID South Rowland. A plumbing permit should be obtained without further delay. JW/cm cc: Alcadia Plumbing Company , MAIL.ING ACORESSES CITY I-I"I..L P. O. BOJit 50 0100& 'L" L: ^ y vflTTE I TE PLANNER TELEPHONES ".IIS.A471 . eA1.02.7~ 1- . .. January 10, 1979 (, ... "'c" r, \1:- ,") ~"(!:. ht '"' '." JAN 1 5 1979 . Alcadia Plumbing Company 170 West Live Oak Avenue Arcadia, California 91006 He: Invoice A-38596 city OF ARCAOIA DUILDING D~f"T. GentleJ:1en: On January 7, 1979 I called your office to ask for service on J:1Y pluJ:1binr,. I had dropped a bar of soap into the toilet and as a result the ~later Vlould not flush. A younr.; man cane out on Januar~ 8, 1979 and tried in every "lay to unstucl: the fadli ty, with no SUCCFlSS, and he therefore sUggested I purchase a new facility, Vlhich I ar;reed. He "las in the process of assenblinc; this neVi purchase in my dri vew?.y, ,-rhen a man drove up and said he was from the City of Arcadia. He askFld your man what the t~c~ble I!BS and th~y exchangen SOJ:1e courteous words, the Arcadia man agreeing that at some point a new facility must bFl purchased. Without goinp; into toe much detail, this man "ras chec!<ine fer information on a fence hearinp; to be held on January 9, 1979 at the Arcadia City Hall by the Arcadia );1odification Committee and in which hearinG I had an interest. . I attended that hearinG the next day, which was nothing but an inquisition and a complete vrasteof taxpayer nonFlY -- in line with vlhat' Hr. Ganz and the Arcadia Re!'orm Comm ttee are "lell aware but at that meeting two of the menbers of thFl committee asked no if you had a permit to sell and remove the old facility from my premises. I told him I had nothinG to do "lith that, that I took your vlord as a member of the Arcadia Chamber of Comf1lerce that ' all was legal. I have no doubt, however, that this subtle line of questioninG waste frighten no off in my cpposition te the fence height. ' , If. therefore. your company did not commit an ille~al act, this letter ."ill serve' to inforn you that YOllr business reputation has been slandered by two members of the Arcadia Mqdification Comnittee ,in a Public Hearing before a roomful of people and no attsn!)t \'TaS . made by the hearing officer to restrain ~his hearsay evidp-nce. I am askinr; for,.an investigation into the tactics of the Committee. , "as well as other agencies of the City of Arcadia in their attenpt , to coerce me into.submission. , , . . . . '. ' "'!:..r:Y truly YOu,:~ ~ __" , ' i6:;='-V to::.::L LA / ~ ~~ ( _A ~BETH' R. 'TESINS IBID S Rowland . Arcadia, CA 91006 .1 .cc: ..=- Arcadia Chamber of Commerce Arcadia Plannine Conmittee -- Mr. Hoolal'd Honorable P. Ganz - Sacramento 60 Hinutes Executive COf.ll1littee ,Arcadia City Council Arcadia lmdification Committee " CITY COUNCIL .: DAVID ol. PARRY .' , "''''''OA c., F.:"DERT. G, MARGEn "'Avon p"o T~lo4"OAoI . CUAR1..ES E. GILB D~NALD O. .PELLEGRINO , JACK GAEL-ID . ~ LYLE W. ALBERG' C!" MANAGE" December II, 1978 Elizabeth R. Tesins 1810 South Rowland Arcadia, California 91006 Dear Ms. Tesins: City of Al~cadirctcE:"\-9'~ JI\N 1. :) I 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA ReAOl" crfY Ocf,,,~~ PC:.P", nUl\... 1"<- CHRISTIN~ VAN tr.\A",NEN ern C'Lt"K The zoning enforcement efforts of the City of Arcadia must rely greatly on the opinions and advice given to the various City departments and staff members by the City Attorney. Previous City Attorneys had given the opinion that the fence height and street side yard setback regulations which are set forth in the City's zoning ordinance did not apply to properties located on private streets. . In response to your letter of November 30, 1978, this matter was reviewed by our current City Attorney. It is his opinion that the fence height and street side yard setback regulations do, in fact, apply to properties located on private 'streets. Therefore, your neighbor's fence will be required to be brought into compliance with Code. A Notice to Comply has already been sent to your neighbor. cc: City Manager Mayor I Yours truly, ~Lda(1/<...) :i;j~d WILLIAM WOOLARD Director of Planning ~ MAILING ADDRESSES :rTY HALL p, O. BOX eo D100tl LIBRARY 20 W. DUARTE ROAD DIOQe POLICl!: DEPARTMENT P. O. BOX 00 "'008 FIRE DEPARTMENT 710 S. SANTA ANITA AYE. 'H008 TELEPHONES 4484471 . e81.o27e ..15.7111 ."'.2121 445.2128 .i: :'~ i-.\\', ~'!.i: . -, " ~ ~ -~. ,.~ '.;:t" r!'i ~,~ J:& , .... --,' .~... .... January 10, 1979 . Hr. \'Iilliam \~oolard Director of Planning Ci ty 0 f Arcadia 240 West Huntington Drive Arcadia, California 91006 RECEIVED JAN 12 1979 Re: HEARING 1/9/79 - M-79-3 CITY OF ARCADIA BUlLaIf.!:G D'!PT. Dear Mr. Woolard: The hearing officer presiding at the above-captioned hearing ad- vised me that I have five days to appeal to the Planning Director on a pending decision by the Committee to allow Mr. ~ilkes to keep the six foot height of his fence. I,&~ enclosing a copy of your letter to me dated December 11, 1978 ~herein you advise that Mr. Wilkes' six foot fence height is contrary to code regulations as ascertained by the City Council and that Mr. ;.'ilkes \'iaS asked to conform to code. A copy of your letter is being sent to the hearing officer, with a copy of this letter and I ask that you contact and confirm your find- ings to the hearing officer within the req~ired allo~ed time. . Very truly yours, _a ~ _ - '" , ..--- _' ~ L;:,.. /!'T,:,tt. X / ~-z..L..---.-/../ ~LIZLB8TH R. TESINS 2. ,310 .s RO'o'i1 and A~cadia, CA 91006 ..:..ttachment cc: Hearing Officer - Arcadia Modification Committee t .' ::::..\ ". '" Ii" , ,cITY COUNCIL. (, DAVID It. P~RRY '..""OR R()BERT G. MAoRGETT . .MA"O,. PAO n",ponl . CHARLES E. GILS . DONALD D. PELLEGRINO JA.CK SA.EL.IO ~ LYLE W. ALBERG . e~n "'''M''GIR December 11, 1978 Elizabeth R. Tesins 1810 South Rowland Arcadia, California 91006 . Dear Ms. Tesins: ~ ';i' " 'i~ l City of Arcadia 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA CHRISTINE VAN M"A.NtN ern CLI"K The zoning enforcement efforts of the City of Arcadia must rely greatly on the opinions and advice given to the various City departments and staff members by the City Attorney. Previous City Attorneys had given the opinion that the fence height and street side yard setback regulations which are set forth in the City's zoning ordinance did not apply to properties located on private streets. In response to your letter of November 30, 1978, this matter was reviewed by our current City Attorney. It is his opinion that the fence height and street side yard setback regulations do, in fact, apply to properties located on private 'streets. Therefore, your neighbo~s fence will be required to be brought into compliance with Code. A Notice to Comply has already been sent to your neighbor. tee: City Manager Mayor Yours truly, t&LdCJ:{,~v ~ddk4/ WILLIAM WOOLARD Director of Planning ~ MAIL.tNO ADDRESSES tT"t H....L.L. P. O. sox eo $1ooe LIBRARY 20 w. DU"'RTE ROA.D 01000 P"" .-po --.................- TEL.EPHONES. .."e....71 . (81.0275 .."e.7111 ,I , , ,> :1. ~. :.i I,' . , , , , ' , 1.: , \ " ' ~ .'~ -January 9. 1979 . - Hr. Williain WoolElard ',' Director of Planning City 0 f Arcadia 240 West Huntington Drive Arcadia. California 91006 RECEIVED JAN I 0 T979 c,;~r~rH~R~~~ , , Dear Mr. Woolard: On December 11, 1978 you advised me that my neighbor. Jr. John Wilkes. was given a notice to comply to the fence height set by the City Code. Mr. Wilkes requested a modification that he be allowed to adhere to the six foot fence height and that the modification was granted onJanuary 9. 1979 by the Modificat~on Committee vdth a condition that I had five days to protest to the planning director. I feel t hat the modification committee is a farce; a complete \'iaste of taxpayer time, but what concerned me most was the intro- duction of blackmail intothe proceedings and by a request to Sixty J.linutes (which has, already gone out) and to Hr. Ganz, I' am asking for a complete investigation of the tactics used by the City of Arcadia. 4It~i~:;~ud';e;~~ EV ABETH R. TESINS 18 0 S RO\'lland Arcadia, California 91006 cc: Honorable P. Ganz Executive Committee Sixty Minutes t . . , .. ," AGE N D A ARCADIA CITY MODIFICATION COMMITTEE 3:30 p.m., Tuesday, January 9, 1979 Conference Room 3. PUBLIC HEARING M-79-3 740 West Lemon Avenue John H. Wilkes A. A modification to allow a recently constructed 6' wood fence to re- main 5' from the street side of a corner lot in lieu of a 4' high "openwork" fence allowed. (92B3.B.7) '. As per City Attorney memorandum (December 4, 197B) FINDINGS The applicant recently constructed a 6' fence on the westerly side of the subject property. Due to a new interpretation by the City Attorney's office of properties adjacent to private streets, the applicant is re- questing to modify Code Section 92B3.B.7 (as per City Attorney Memorandum of December 4, 197B). The fence in question is located 5' from tne side street property line and approximately 4' from the rear property rine. The requested modification is similar to eight (B) modifications granted during 197B for fences on the street side of corner lots. ' Mrs. Elizabeth R. Tesins residing at IBID Rowland Avenue testified,in opposition to the requested modification. Correspondence from Mrs. Tesins was circulated to the Modification Committee. The granting of the requested modification will secure an appropriate improvement. ACTION Approved. The fence was not required to have a corner cutoff for automobile and pedestrian safety due to the side and rear setbacks of the fence. A site investigation revealed that careful egress onto Rowland Avenue from the driveway adjacent to the fence (IBID Rowland Avenue) would not create a traffic hazard. PLEASE SEE IMPORTANT INFORMATION ATTACHED TO THIS PAGE. , COMMITTEE MEMBERS PRESENT: Soldate Witte Wong Lortz Planning Department Representative Building Department Represetative . . , L".. f,;,' ' ... ... NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY MODIFICATION COMMITTEE TO PROPERTY OWN~RS WITHIN 100 FEET: Application No.: M-79-3 Applicant: John H. Wilkes Address: 740 West Lemon Avenue Legal Description: Lot 1 of Block H of the Santa Anita Land Company Tract as re~orded in Map Book 6, page 137. Request: A modification to allow a recently constructed 6' wood fence to remain 5' from the street side of a corner lot in lieu of a 4' high "openwork" fence allowed. (92B3. B. 7) As per City Attorney memorandum (December 4, 197B) Public Hearing Date: January 9, 1979 Time: 3:30 p.m. The Modification Committee of the City of Arcadia, California, will hold a public hearing on the above date and time in the Conference Room of the Arcadia City Hall located at 240 West Huntington Drive, Arcadia, California. The purpose of the public hearing will be to afford the public an opportunity t9 be heard concerning the proposed" modification. The proposed plans may be seen in the Planning Department, 240 West Huntington Drive, Arcadia, Monday through Friday, between the hours of 8:00 a.m. and S:OO p.m. If you have any questions regarding this applicatio~, please contact the undersigned at -446-4471, Ext. 47. DATE: December 29, 197B BYW~'~ p DART T ,. '~ "1 ' . - FI E NO 'A -f' ~...., L . 7' ,- I'. ~-~~:: " t " MODIFICATION APPLICATION CITY OF ARCADIA, CALIFORNIA ADDRESS ? "iO (J~J I'! ).J . U;. 'j.., EMIJ/I/ fA), j kE~ /J- J2.. c./1- #//1 ' r/ PO 11 A. APPLICANT'S NAME TELEPHONE NO. S I!-M c. C. PROPERTY ADDRESS (LOCATION) 'Iii/) tV, ./..IEMbN, A- /Q.c,/'f)///f . -D. LEGAL DESCRIPTION \_ "'-T \ cJ.~\\I \-t ...9 ~ J <:::: 6,., \, r)^^~. - r J:' - (' ("'). ~ 1.1""fi('t- n~ \~(,~lrA,pJ) .( VI W'\'.R (Q \~ '.~, E. CODE SECTION FROM WHICH THE MODIFICATION IS SOUGHT AND MODIFICATION REQUESTED --.:.. 9'2.8,3,.0,_'"1 Vr-:c;-"" 1\=<ZT I'.. /I'C-N~lr/C\\<::::~~ h"'"')f7 ^c-! w('C~ I:=f="-',er-= 0Y..\~TI\\\(,':"\ . , - ) \ rc A..\I;=~ '5! ~\:-J:>"!^-- '"\\-l..F \=1:7(')"\T ~0~n \"" , \I......\F \q \ Il=-', J ("')~' , '?2::,/ rzs:=:(.~( 'II \7 j::;;~ (f\..JAC '?7.~~.S: _ ~) F'oe~ \T" '<'^'17~ \~ \\.. ~-rt:=r;:- ~7~"~" ~....,... C')"'t'Y [\.'TTl"),"""':EY " "Q.... -~. 1',!7t:=f'...f:o,....-~,\~"R,~T.\?''') '\7('".., /1 A~\,-.... /'\..,.:!>- ' , -1- 4/79 . ... .~ Arcadia,Municipal Code Section 9292.1.4 permits the Modification Committee to approve only certain types of modifications which would result in the following findings: . 1. Secure an appropriate improvement. 2. Prevent an unreasonable hardship (noneconomic). 3. Promote uniformity of development. Please fully explain why you feel your request falls in the aforementioned, areas. . jJx{ /4u ;.Jk- t)inature of Appl~cant 'lL! D U}. t.. F; Nt () AI ;q. AJ t'.A,t? //1- Adaress r , 4~s-- R Bh1 Telep one Number Recei ved By ~\... \.1 Receipt Number c-'J(~)~~ Date \7 / '~I tp., t , , -3- 4/78 . . , '" .~ A MODIFICATION APPLICATION SHOULD BE ACCOMPANIED BY THE FOLLOWING: 1. Completed application form. 2. Reference to the Code Section from which the modification is sought. 3. a. Scaled plot plan and description of existing property. (2 each) b. Scaled plot plans and description of proposed use of prop~rty. (2 each) c. Scaled floor plans, showing all elevations, of all proposed buildings. (2 each) d. 1) Ownership map showing subject property and all properties within a one-hundred (100) foot radius of the perimeter of the subject property. 2) Each parcel shall be numbered to correspond ex- actly with the ownership list. e. Names and addresses shown on ownership list shall be provided also on self-adhering gummed labels. 4. Modifications of front setbacks and street side setbacks of corner lots shall have a map showing the distance from curb to each building on the same side of the street between intersecting streets. 5. A filing fee of $35.00. 6. In those areas of the City having Architectural Review Boards, the report of said Board indicating their actions with respect to the proposed modification request. , Note: EXPIRATION OF MODIFICATION. If for a period of six months any use authorized by any modification is or has been unused, abandoned or discontinued or the conditions have not been complied with, said modification shall become null and void and of no effect. 'EXTENSION OF MODIFICATION. An extension of a modification ,may,be granted by the Modification Committee upon the written request of an interested person filed with the secretary of the Modification Committee thirty (30) days prior to the- expiration of the modification. -4- 4/78 .... ~... . 4It !'. , AFFIDAVIT STATE OF CALIFORNIA ) CITY UF ARCADIA ) 55. COUNTY OF LOS ~~GELES) I, ')~J\..H(\ \\(\\ I((=~ priht name) that the attached list contains the names and addresses hereby certify of all persons to whom all property is assessed as they appear on the latest available equalized assessment roll of the County of Los Angeles, within the area described on the attached application and for the required distance of notification from the exterior boundaries of the property described on the attached application. I also certify that the subject site described on the attached application con- tains no illegal lot splits or other divisions of land not specifically authorized by the City of Arcadia. I certify under penalty of perjury that the foregoing is true and correct. (signed) 'V~4///AjL (/ ~ (date) \ '(-I \=,,>I;~ I (application I) ~':7,~~~~ (M 79-3) . . /- , , ... . ~" JAN 4 1979 CITY OF """\,.,......,,,0\ "CJJ\-.P>N~;tyT..-. In the Datter of the Modification ) reauest of John Ii. \Hlkes, ) , '746 "lest Lemon Avenue, Arcadia, ) Cali~ornia ) ) ELIZABETH R. TESIlIS ) ) homeowner of property running ) parallel to John Wilkes' ) nroperty, residing at 1810 ) S. Rowland, Arcadia, California ) 91006 ) ) 11-79- 3 S':'ATE:1E!lT OF PACTS ':20: ATlCADIA CITY 110DIPICATlml COlltUT':'EE Plannin~ Department 240 '-lest Huntington Drive Arcadia, California 91006 I I am the homeowner of property runnin~ parallel ~lith that of John Vilkes and therefore I am the primary person whose interests are a!fected by John Wilkes' fence heiGht from R safety and aesthetic standpoint; that I intend to be nresent R~ the p\ililic hearinr, on January 9, 1979, but submit this Statenent of Facts for consideration at suchproceedinp,s and made part thereof, in the event an illness or Act of God would prevent my presence. II John Wilkes alle~es his fence on the straet side is six ft in heicht, whereas by Durall Golden Rule it is actually 74 inches in heir;ht. III ,TohnVilkes has entered the six foot plus heir,ht Vlay beyond ~/hat is considered to be my front yard by standards applicable to'non-private streets, which standards have been adopted by the Arcadia City Council to apply to private streets ?s \'/e11 , and that a closed fence of more than four feet in height would present a hazard to my interests and to the interests of the City of Arcadia. ,,'. ..... ~.. IV . John Hilkes' fence has obstructed my vision to back out of ny drivel'lay to the approach of'on-coninr; vehicles f'ron Lenon Avenue, Hhich is a highly-travelled public street and fron Hhich vehicles enter Rowland Avenue, a private street, with impact speed and that a five foot closed fence ~Tould continue to obstruct my vision. v Rowland Avenue, as a private street, is inhabited by,small children Hho play on the street with assurances of safety because before John Vilkes' high fence Has installed no visionary obstruction existed to the preservation of the children's safety to run and play at ease; that because I cannot see apnroaching children or cars until I am at least four feet out of ny driveway, the possihilit;,' that such sl~all child will run into ny vehicle as it is backed out is terrifying and should any such catastrophe occur, haVing alerted John Wilkes and the City of Arcadia to this possible danger, I would hold both parties ler,ally liable to contributory ner;ligence in allowinr; a five foot closed fence or hir,her to be installed. VI . I have an elderly mother who is leGally b~ind and whose entrance fron ny driveway into Rowland Avenue is dependent to a larGe extent on hearing approachinr; vehicles, which sound is acoustically muffled b:r the height of John Vilkes' fence and there- fore a fence of more than four ,feet in hcihht ~xtendinr. beyond ny front yard would be a danr;er to her. VII , ,Tohn Wilkes' fence of nore than four feet in heir;ht I.,ould deface my property aesthetically in that I am deprived of not only seeing anything beyond a height of six or five feet, but others are deprived of seeing the pride I put into the upkeep of ny O~Tn proper- ty and thus the entire neighborhood and indeed the City of Arcadia is subject to environmental decay and sub standardization for the personal profit and comfort of John Vilkes who is a new- coner to the City of Arcadia and who has made no secret of the fact that he purchased the property for profit; that his interest in the city is negligible as attested to the fact that he rented ~ portion of his property to transient persons, that the vehicles and heavv industrial trucks of such nersons nunbered sometines as nany as ten; that although John "lilkes has indicated tc my neir,bhors that he will now occupy the rented premises hims~lf, he h~s said he'will do so for the purpose of renovation to sell the property at high profit, that ,Tohn I'lillccs' intention tc allcH the five foot, or hir;her, closed fence is an invitaticn to future honeowners of ,Tohn ,hIker;' property to use the prernis':!s for defacinr; Tmrposes to the detrinent of the entire locale, and pernit pOSSible traffic obstruction and pavenent deteridration. -2- ... .~ . \~hen John Wilkes started to builo his fence he promised to adhere to a -F'our foot height and he subsequently reneged on such promise. It is this property owner's o~inion that the four foot fence height would in no way impair the ap~earance of l~. Wilkes' property and would in fact enhance it, \~hlle a five foot closed , fence would not serve the interests of the people of Arcadia in what is a precenent-setting example. IT IS pnA~En ':.'HEREFORE that h:J a copy of' this StAtement of Pacts to the hor:toowners of Rowland Avenue, Arcadia Beautiful Committee, Director or Plannin~, City rmna~er, Cit:J Council and the Honorable David E. Parry, that active suonort be p;i ven to my plea that a "ence height of' not f10re than four feet be allo~red on the street side And my front yard of !~. Wilkes' nroperty. Dated: Arcadia, CalJfcrnia ,Tanuar:! 2, 1'179 /, . --- / .. b-' ,7;'-> / Ily?;,/tc:~ /.' ';"~ i/'. ~-t"_..__./ ELIZJ:\Bp,",1l R. TESINS , lilltr'S. Rmr1and Arcadia, California ~la06 , -3- .,:. ,Decemb~r.15. 1978 ~.~. ~ "", . - ,. .';. 'I:~\' ...., . Charles J.'L1be:rto ._~,"..,' (. .' Cit Att " ';";;c",:.;'" y orney,. ,," ,,', ' " ':1:'::~; 240 \Yost Hunt1ngton Drive, """ "'Arcad1a, California 91006: /Jt..t,./ ~. ?~/,#'O,tI"-e~f...;.'-'e,~)"..1:~~,' " " "';';~~~;)k/J , \'./)/J' j~'~,~~l~ " _"'\',"'!'".l "~1 . /.- ~,""; . ',_~:\';i'f':1'~(.~~~.:"~~~, - ..\,,,., ~.. , . :~'.~ t.' ~~f~~::i .~:~~-> . .,; .....:.:,:,;:t...}~~iki~~~~~:: . !ol:'J" ,;,,'.-,.~..~.;.,~,;tt"~:'::..t' . ..,;,~." ",- . . ,"".... t..;.d. ".:.;.r-;Ot l" . . .' " " " , '.' ,.,: . ~ .""', ,",.,.'" \.,t' At B:: C E "V'..,;.: ,..,..',,:):t"::::<~.; '. .' &:. C ," <...~ .~~ ~\....~: ",'); 0 :," j" ,..~,l..'..iJl"'" .~ [C'18 1978 l..,;....,\~i;..\i;;:> . ... ' . i ' ."Iil ..'" ....,u. ,10.'~ '."' ..',)'. ~ C . . . , .......'jl~";'.;}r. . ,.' .' "...' ITV OF' A .. . _.., ~.~. t- ~..!. Pl./\.",.Jt'r hr.AO'A .. ~ '._*."yt:/.o:.;. This will con!1rm our telephone converaat10n on December"lli, 1978":{~y;.>:i~~:; As I told you at the time, it is my opinion that my neighbor does',li:;',,!l'>, not intend to comply with the notice sont to him per Mr. Woolard' s ,~"'\,'~.:,' letter to me of December 11, 1978. 'Ny assumption is based on the .)~~i\l" fact that, he made some replUrs ,to the fence, but restored it to';"';";;::;"'''':'' the 6 foot level.,. It is illogical too.s:mme that he would go to,,~j:~: ,".. " such trouble .if h8 intended to comply with the Code., {....':;.:, ~1)1;~':SI questlonod'yoa as to what ' recou;seI would have 1n that event)(l\ ~:':t;':">and you outl1ned the procedure ,followed by the City of Arcadia in'!'", 'i~,'\~:~> that a second notice would bo given to m:lC noil;hbor and in the event..,..:'-t;, ':!i',,:'t~;,bo silll did not comply, a misdemeanor charge Viould bo brought.;~, ';,"j.".;:;,:''''againat him. You pointed out that such action would then be a ',;.' . -"...... ri i -, tt : ..,," ' ,"C c m ncu. ma er ,;.r..:... .:~' .,.. # . . 1 ;.:,,:!,.'.'..;.::" T/....'~ ~ i. . '.';- ", . .B>~;:;.;/"you also apprised me of the tact that you wore not then defending" ,.,_;:'~.;:- wc.,,~,., a member of the public, but rather a eity interest. You also hinted ','- -i. ~~}}l<;..:.that this was 111 my favor because of a possiblo threat to my pClrGOn. . '~. '/'~:~' "i'7'Whlle my person is of concern to, me" the need for violence in what ..",'<: :~::t,:;!, .is merely a question of fence, heighl: is ludicrous and EJIlYway the ~~::":.' matter is already of record nth persons who would invostigate moet ..,~,: ';::;::-",~ : assiduously, hlU'dly benefiting such action and certainly bringin5 ' " ~:i.;: :~{ undue notoriety to the City of Arc~a and ito officials. ..' .., ::;X:.~; It't'ouldappearthat a comp~m1se on modification would serve alli,".::::~:0 \"!1".,~' our purposes. My opinion of auch modif1clltioil lIIould be a four foot-.:\:;",; , ":::'\':','" fence all around. This. would enhance ~.'1 neighbor' 6 property DS' ,J,., '>~': ", well as the area,' preventing subotandar1zation which \!IOuld follow anY:f.,; ..~:; ';::,. attemp'\;to ignore a growing blight and indifference on the part 0 t , ;.,." ,,;:t;'(,\, tho City of Arctlia. , ' " ' ';l'~., '\'Z" "You took exception to lilY opinion on the lethargic attitude of the'i'" 'f::"i{ 'Arcadia Planning Department and the Office of the Ci ty i.ttorney frolll . ";:',.:,;::: the 1nception of this aituation. I am not convinced that thia ~', '.;./;:;" lethargy 1snon-existent and my neighbor'D attitude Geema to, bear this, ,. ~. oUt.i. i'1IIIewill tell if I am wrong and as I sDid, my removal from tho \.. ;:::, Dcane Would notorase this inequity; on the contrary, it l'Iouldpub11- ;:'> ..;:':, ci7.c it moot unfavorably. 'Xl"'" ,. \' ..; ~ ' ...,' :4~~:~:, ~. " ... , /r;, , 'oj'" .c' ~. . '. .'~ ; ....1'. " .. 'c'. :, . .. .... ~: . ,- j' , ' .... ....... DearMr.L1bertoi '.' , t .' ':.f ..,,4' " J. ':.:.:.' .. t,~.. . ~~..' '._, . " ., , ....' > '. :}"'~.f " I" .;.r " iF i. ( ~'.". "" Hr. Charlos J. Liberto I trust tkt this problem will bo oxpedited in tho vet';! near fu ture. 1'll!wk YOIl for your ossiotance. Vcry truly youro, ELIZABETH R. TESIHS lB10 S Row1::lnd Arcadia. California 91006 ," :' eel tlilyor / City Hanagar /' Director of PlanninC' , .... I, 4It , I -2- , ; ~.I' . . , " ." ,~ , , I emO'lanaum , 'Date Dec:ember 4, 1978 TO: R.T. Basey, Code Enforcement Officer C,J. Liberto, City;;)~y . 1810 South Rowland~ue - Fence FROM: SUBJECT: Referencing your recent inquiry, pursuant to Arcadia Municipal Code Section 9283,8.8, 6ft. fericesmay not extend into the side yard required along the side street on a corner lot, however, Arcadia Municipal Code Section 9283.8.7. allows openwork fences in the side yard required along the side street_on a corner lot if not more than 4 ft. in height. Subject property is zone R~l, The R-l regulations, specifically Arcadia Municipal Code Section 9252.2.5, requires a side yard on the ' street side of a corner lot of 10% of th~ lot width, but not less than 10 ft. . Rowland Avenue is the street side of 740 W. Lemon (Arcadia Municipal Code Section 9220.59). The term "street" includes both public and private streets, such as Rowland Avenue (Arcadia Municipal Code Section 9220.57). The City Code prohibits any obstacles whatsoever in the street, . parkway or sidewalk, (Arcadia Municipal Code Section 7230), ' The property owner at 740 West Lemon should, therefore, be noticed to remove or reconstruct the fence in accordance with the afore- described sections. CJL/vb . , ~ J i; . =:''i' : .~. c... ... . \~,':'\ " , 'r '.'.... ":<::::\.-''''--',::':.:>. , ,", , \' ",', 'j '. "c.,.,':.::;.,.' 'City" of 'flrcadla f:, " ,; .... CITY' ~OUNC1L ( ..",,',' DAVID ,E. PARRY . MUO" ',I::, "'. . ROBERT G, 'MARGET'f 240 WEST HUNTINGTON DRIVE ARCADlA..C~LlFORN(A ...'to" ".0 TtM"OIltE -I cl.f....RLCS (. -GILS oQNALD D. PELLEGRINO . JACK SAELID '... d"" \'YLE w. ALBERG : CHRISTINE "AN M"'AN~N . CITY CLE"'" elT't ~"'N.OIE" , '. ~ ~ " , December'.?, ~ 197 B \ \ , F~le i' \ I, ! No.: :l7-13 '53B3.,.24-2S ~'Mr. & Mrs. John A. wilkes 140 West Lemon Avenue Arcadia, California 91006 l=;ECEIVI!O DEG 8-1978 \ , 1 \ , , C~TY 0:' t,F.C':'OIA CITY ":';-:-";"":~,; ( 'SUBJECT: ,Fence in side yard . Dear Mr,:", & Mrs. Wilkes: ~t~ rec~ntly been noted that a fence has been constructed adjacent'to your west property line which may be in violation of Arcadia Municipal Code Section 9252.2. ') that requires a , . street side ~tback on a corner lot for a fence of 10% of the lot width, but,\not less than 10 feet. The Arcadia City Attorney has ruled that tfis law is applicable to private streets as well as public streets. " , " This letter, shall s~rve 'as notice that a correction, if needed must be made by Janucl'ry 8" 1979 or you may file a modification application requesting\permission to retain the fence in its present location, If you ~ish to 'file the modification application, you should contact Mr. Bud Lortz, Planning Department City Hall, to obtain an application ~ot later than December 20, 197B. '. , ' .' . Ar~insp~~ti~~has been January 9, 1979, should ", ,"to contact Mr:, Lortz or '\ scheduled for 10:00 a.m. on Tuesday, you have any questions, please feel free myself'. . ' I . ~:u~r!S"'LtroU11'~~,f"_'l fl'_~,{ )-.; ,_JO {, E , "X,)t\A>2- , , , JE, \REY F'J WITTE ASSOCIATE PLANNER cc:Bud Lortz, Assistant Planner' Charles Liberto, City Attorney ~ . JolIAILtNG "'-DDRESSES CIT't HALL P. O. BOX &0 010015 TELEPHONES ....6....'7\ . ~8\'O2.76 .."... ...1'...1:1...... D,",L'" ....I'V"l... "''''-..,.., ,,,,.,, ~ -':( # '-:c' "'.', \ " \\. I.. .\'f'" \. \.;' ~ :.: " \ \ ,. ,...,'''''' 'I I, '"!,_.r,,, .. . . '-~ Office of the City Attorney CHARLES j, LIBERTO Cit'; Attornry 446,4471 L.A,' 681,0276 ," i . _.....~_J..f~ ....:..:.........A~.I.,..:-.~..,; ".'1 "'" .-.' ~....;':.... -. 10::.1. ,..: ~ City of Arcadia 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA 91006 July 21, 1977 t '-d, j Mrs. Elizabeth R. Tesins IBIO S. Rowland Arcadia, California 91006 Dear Mrs. Tesins: Responding to your July 14, 1977 letter, received July IB, 1977, I enclose a copy of Arcadia Municipal Code Sec. 92B3.8.7 relating to city fencing require- ments. If you do not consent to the fence, then it should be entirely on your neighbor's property. , > " As you will note from the Section, four foot fences may extend into the front yard but six foot fences may not. You should contact the Cit~ Planning De- partment to ascertain the "front yard of your neighbor's property. >-.:: YO{fe/f) char~.tf L berto City A~~ney r ,I J CJL: zc Enclosure . .',~. ~~. '.:_"~ """,J.' .:. ~t'~ 7" 'I' '. :";.. N.:...>;,).~'..L.mF>.:l.:':iL""';J:a!:::lS":.f.r; ",-'.:'::i-.'4':y- ....... ~