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Home My WebLink About1072 -- . ,/ . RESOLUTION NO. I072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA GRANTING A ZONE VARIANCE TO PERMIT AN ADDITION TO AN EXISTING DWELLING ON A NONCONFORMING LOT IN A R-I ZONE AT 1033 EL SUR AVENUE. WHEREAS, on September 18, 1978, an application was filed by Byron T. Barnes, Jr. for a zone variance to permit the expansion of one of two single-family dwellings on an R-l zoned lot and thus expand the nonconforming use of the property, Planning Department Case No. V-78-4, on property commonly known as 1033 El Sur Avenue, more particularly described as follows: . The easterly 102 feet of Lot 3l of the F. A. Geier Tract, in the City of Arcadia, County of Los Angeles, as per map recorded in Book 23, page 40, of Maps, in the office of the Recorder of said County. WHEREAS, a public hearing was held on said matter on October 10, 1978, 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 that: 1. 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. -1- 1072 . . . / 2. 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. 4. That the granting of such variance will not adversely affect the comprehensive general plan. SECTION 3. That for the foregoing reasons, subject to approval of the City Council, this Commission grants a zone variance for an addition to an existing residence on a nonconforming lot in a R-I zone upon the following conditions: l. The property shall be improved as per plans on file in the subject Case No. V-78-4. 2. Prior to issuance of building permits for the front house, the Building Department shall inspect the premises and the applicant shall make necessary repairs, installations and improvements to bring the rear structure up to Code in terms of eliminating violations which are hazardous to life and limb. 3. A covenant approved by the City Attorney as to form and content shall be recorded insuring that the rear dwelling shall be removed in five years or in the event of sale of the property, whichever occurs first. SECTION 4. The Secretary shall certify to the adoption of this resolution and shall cause copy to be forwarded to the City Council of the City of Arcadia. -2- 1072 . . . . . .' ~ I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission held on the 24th day of October, 1978, by the following vote: AYES: Commissioners Brink, Clark, Hegg, Hedlund, Soldate, Sargis NOES: ABSTAIN: ABSENT: None Commissioner perlis None ATTEST: !&-'k~/afd&/~ ' Secretary -3- ,- 1072 "J,M' ~ ~ , . October 10, 1978 TO: FROM: CASE NO.: PREPARED BY: CITY OF ARCADIA PLANNING COMMISSION PLANNING DEPARTMENT ZONE VARIANCE 78-4 JEFFREY F. WITTE ASSOCIATE PLANNER GENERAL INFORMATION APPLICANT: Byron T. Barnes, Jr. LOCAT I ON : REQUEST: LOT AREA: FRONTAGE: GENERAL ' PLAN: ZONING: LAND USE: . SURROUNDING ZONING AND LAND USE: PROPOSAL I033 El Sur Avenue To expand one of two single-family dwellings on an R-l zoned lot and thus expand the nonconforming use of the property in violation of Code Section 9240. Approximately 23,000 sq. ft. l02 feet on EI Sur-Avenue Single-Family Residential 0-6 dwelling units per acre R-I, single-family residential Two single-family dwellings All'adjacent properties are zoned R-I and are developed with residential uses. The applicant proposes to add approximately 1,028 square feet of floor area to the front dwelling. This expansion would provide for a new garage, kitchen expansion, new bedroom and conversion V-78-4 2 ~ of the existing garage into two additional bedrooms. The second dwelling located in the rear of the lot contains approximately 871 square feet. Building Division records indicate the front dwelling,was constructed in 1931. The Building Division records do not include a building permit for the rear dwelling. However, the rear dwelling is shown on a diagram attached to a sewer permit when sewers were connected to the property in 1957. The condition of the rear dwelling would indicate this building may have been constructed prior to the time the City required building permits. 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: . a. 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 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 this application in which the applicants have stated their case regarding the aforementioned prerequisite conditions. ANALYSIS The granting of this variance encourages the retention of a nonconforming R-2 type use in an area designated for single-family use by both the General Plan and the zoning ordinance. . The code allows nonconforming uses and structures to be maintained until it is feasible to remove them to develop the property in conformance with the General Plan and the minimum development ~ V-78-4 3 standards. This allows the property owners to amortize the value of the nonconforming structure over the effective life of that structure. Due to the age and condition of the rear dwelling, the Planning Commission should give consideration to a condition that requires removal of the second dwelling in five years. 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 signifi- cance. Therefore, a Negative Declaration has been prepared and filed for this project. Should the Planning Commission wish to approve this application, 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." . RECOMMENDATION The Planning Department recommends approval of V-78-4 on the following conditions: l. That the Building Department inspect the property prior to the issuance of any permits to insure that all existing structures are safe and would not pose a hazard to the occupants. 2. That the rear dwelling be removed in five years. After taking action on this application, the Planning Commission should direct staff to prepare a resolution for adoption at its next meeting. The Planning Commission's action shall not be final until adoption of the resolution. The appeal period for this action commences at the time the Commission adopts the resolution. 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Barnes Jr. Address lO)) El Sur Ave. Arcadia, California Telephone No. )58-)024 Interest in Property owner B. Property Owner's Name Byron T. Barnes Jr. and Kathleen V. Barnes Address lO)) El Sur Ave. Arcadia. California Telephone No. )58-)024 c. Property Address (Location) lO)) El Sur Ave. ~ D. Legal Description The easterly l02 feet of lot 31 of the 'F.A. .Geier Tract. as per map recorded in book 2). page 40 of Maps.in the office of the county recorder of said county.. E. General Plan Designation Sin~le-family-residenceR F. Zone Classification R-l G. Request (Use this space to state exactly what use is intended for the property which does not conform with Arcadia Municipal Code zoning regulations.) To add. 1 bedroom. 1 bath. washroom. garage and enlarge kitchen To remodel. family room and kitchen To convert. ~ara~e to bedrooms and add bath within bedroom (existing) . -1- 9/78 . PREQUISITE CONDITIONS: (The law requires that the conditions set forth below be clearly established before a zone variance ~ be granted.) EXPLAIN IN DETAIL WHEREIN YOUR CASE CONFORMS TO THE FOLLOWING FOUR CONDITIONSt 1. That there are exceptional or extraordinary circumstances or conditions applica- ble 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. 1) It is our sincere desire and intention to convert our rented guest house to a pool house/lanai as soon as we are financially able to do so. (see figure I) 2) The planning department has informed us that the ordinance prohibiting additions to structures on properties which are non-conforming, is about to be changed. Under these circumstances, we request a variance to expidite construction and save rising costs. . 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. On the contrary, our proposed improvements will increase the property value, improve it's aesthetic appeal, add to the functional value, improve the enviorment of our neighborhood and family and improve the living conditions of our growing , family. . -2- 9/78 . . . ~ . It is our sincere desire and intention to convert the guest house to a pool house and lanai as soon as we are financially able to do so. I . . FUTURE SITE OF POOL MAIN HOUSE INCLUDING NEW ADDITION . I r>l ~ o :x: Eo< CIl g; Cl I I . . . . ~ 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. TherA ~rA cllr.,..AT\1:1y f"nn1'" hnmt:l~ 1'\'1'\ +h~ lnnn"h1o('"k of F15lJr which have already hAAn rAmnrlA1Arl nr RrA in ~hA pro~~se of adding new squRre fnnblfA. Our nAighhn,..hnnrl i.. nT'A nf olrl~r homes which a.re in nARd nf' AypAnf:dnn Arui ""Amnti~' ;ng .W~ 'bo"ght this home a year ",,,,rl '" h"lf "gn Rn +'h,,~ nil,.. I'hilrlrA" ~0'11rl att~):ld Arcadia Schools and with the in+'Antinn n~ Anl""'ging i~ ..n WA c auld raise our f",mi 1 y of.6.. hArA We are a young and growl "e: family that has a need for, and right to improve our home by the proposed additions. 4. That the granting of such variance will not adversely affect the comprehensive General Plan. . The granting of the varaince will add to the quality and appearance of the property. The addition will help enforce our property's status of single-familv residence with iuest house. as opposed to "rental property". The ieneral plan of the city for a community of homes will be enhanced and the aesthetic appeal of our home and neighborhood improved bv granting this variance. 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 .' City of Arcadia ~, APPLICANT(S)' VERIFICATION I (WE) HEREBY CERTIFY {OR DECLARE} UNDER PENALTY OF PERJURY THAT THE FOREGOING INFORMATION AND ATTACIIED CMNERSHIP LIST ARE TRUE AND CORREcr. SIGNATURES, Appd;t~ 7' /1/?/,/;/t~j V Telephone No. ,'>8-,O?4- Address 10'3'3 El Sur Ave.. Arcadia. California 91006 (Include street, city, state and zip code) i/;;ri ~q4. ~ Cj). <;R(1 n no 0 f"'\ A hcant {f re than one} Telephone No. '358-1024 Address 10'33 El Sur Ave.. Arcadia, California 91006 (Include street, city, state and zip code) . BYron T. Barnes Jr. o.mer of Record (signature) Telephone No. 35R-Jn?li. Address lO'3'3 El Sur Ave.. Arcadia. California 910M (Include street, city, state and zip code) Kathleen V. Barnes Owner of Record (if more than one) Telephone NO. ,'>8-,O?4 Address 10'33 El Sur Ave., Arcadia, California 91006 (Include street, city, state and zip code) Received by \.1 W Receipt No. DCollo~ Date ~~t \q, l'\"\<t) . . -4- 9/78