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RESOLUTION NO. 1067
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-l ZONE AT i015
JEFFRIES AVENUE.
WHEREAS, on July 31, 1978, Gerald E. and Linda Jalbert
filed an application for an addition to an existing dwelling on
a nonconforming lot in an R-l zone, Planning Department Case
No. V-78-3, on property commonly known as 1015 Jeffries Avenue,
more particularly described as follows:
The westerly 70 feet of Lots 5, 6, 7 and 8, Tract l3608,
in the City of Arcadia, County of Los Angeles, as recorded in
Map Book 27l, page 45, in the office of the Recorder of said County.
WHEREAS, a public hearing was held on said matter on
August 22, 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.
2. The granting of such variance will not be materially
detrimental to the public health or welfare or injurious to the
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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-l zone upon the following conditions:
1. The property shall be improved as per plans on file
in the subject Case No. V-78-3.
2. That the Building Division inspect the property
prior to the issuance of any permits to insure that all existing
structures subs~antially comply with Code.
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.
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1067
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t HEREBY CERTIFY that the foregoing resolution was
adopted at a regular meeting of the Planning Commission held on
the 12th day of Setpember, 1978, by the following vote:
AYES:
Commissioners Brink, Clark, Hegg, Huddy,
Sargis
NOES:
None
ABSENT:
Commissioners Hedlund, Perlis
Chairman
ATTEST:
Jd,~~L __
Secretary
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August 22, 1978
TO:
FROM:
CASE NO.:
PREPARED BY:
CITY OF ARCADIA
PLANNING COMMISSION
PLANNING DEPARTMENT
ZONE VARIANCE V-78-3
JEFFREY F. WITTE
ASSOCIATE PLANNER
GENERAL INFORMATION
APPLICANT:
Gerald E. , Linda Jalbert
LOCATION:
REQUEST:
LOT AREA:
FRONTAGE:
GENERAL
PLAN:
ZONING:
LAND USE:
SURROUNDING
ZONING AND
LAND USE:
PROPOSAL
1015 Jeffries Avenue
To expand one of two single-family dwellings
on an R-l zoned lot and thus expand the non-
conforming use of the property in violation of
Code Section 9240.
Approximately 14,070 square feet
70' on Jeffries Avenue
Single-family residential 0-6 dwelling units per
acre.
R-l single-family residential.
Two single-family dwellings
The adjacent properties to the north, east and
west are zoned R-l and developed with residential
uses. The property to the south is zoned R-A lO,OOO
(L.A. County) and is developed with residential uses.
The applicant proposes to add 225 square feet of floor area to the
rear of the dwelling on the lot. This expansion would provide for
an enlarged kitchen and a family room.
V-78-3
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HISTORY
This lot and 71 other lots were annexed to the City of Arcadia
in 1976. As a general rule, after property is annexed, the
City receives the Building and Safety records for Los Angeles
County.
Los Angeles County Building Department records received in 1976
by the City after Annexation 44 did not include this lot and
staff has not been able to locate the original building permits.
In the absence of actual building permit records, it is difficult
to ascertain which structures were constructed according to County
building and zoning regulations. This lot and the adjacent lots
to the east on the north side of Jeffries Avenue were zoned R-l
7,500 when these properties were in the County. The County zoning
designation of R-l 7,500, unlike the City's designation, permits
one single-family d~lling for each 7,500 square feet of lot area.
Using the County zoning formula, only l.8 dwellings could he
constructed on the applicant's property.
PREVIOUS APPLICATIONS
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Variance V-7S-2 at lSO East Camino Real was approved by the
Planning Commission On September lO, 1975 for a 680 square foot
addition to a single family dwelling on a nonconforming R-l lot.
This application was approved with the following conditions:
"That the rear dwelling be brought into conformity by removing
the kitchen facilities and turning the s~cond dwelling into a
guest house or removing the structure on or before 20 years from
the date of the adoption of Resolution N.O. 9l0".
Variance V-78-2 at 27~29 West Camino Real was denied by the
Planning Commission on April ll, 197B. The applicant had
requested a variance to expand one of two single family dwellings
by 688.5 square feet.
REQUIRED FINDINGS
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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.
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c. That such varianQe 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
standards. This allows the property owners to amortize the value
of the nonconforming structure over the effective life of that
structure.
The Planning Commission's Ad Hoc Committee on nonconforming
residential uses reviewed the subject of nonconforming residential
properties on AugustlS, 1978 and directed staff to investigate
a Change in the Arcadia Municipal Code that would permit the
owner of a nonconforming residential lot to expand the main
dwelling with a modification. Although no formal action has taken
place, several requirements were discussed in respect to non-
conforming residential uses.. One of the aforesaid requirements
would make an inspection by the Building Division necessary before
any applications could be considered. If this application is
approved. Staff feels that a inspection should be required for
the front house in an effort to bring a portion of the property
us to code.
The applicant contends their property was zoned R-2 prior to
annexation. City staff checked with the Los Angeles County field
office located in Temple City and was unable to substantiate
the applicants statement pertaining to R-2 zoning.
The applicant further contends that a variance to permit an expansion
of the existing nonconforming residential use is necessary as
they have a small child that requires the use of crutches and
wheelchair. The modification and addition to the structure would
facilite easier movement for their child.
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 dis-
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close 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 significant
effect on the environment."
RECOMMENDATION
The Planning Department recommends approval of V-78-3 on the
following condition:
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.
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.
JFW!cm
Attachments
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I'gll{lQUISlll COllI! I' IUt,IS,
(11,(' 1,.,1',' f{1 (,JIIII)f'") Illllll\I" (fj'lflitinll', '1"1 In(Ih hl~low
be cl"(,,ly~;laj,li,"cd hera,e (I vor;once CAt-j be granted.)
EXi'1 /,11 J ItIIlFl^" \':111 1'1111 YOUR CASE CONFORMS
10 HILS!: FOUR CC.Jt~lJlll()I.JS:
A.
That t"l1CTP OTC cY(r>plional 0' J~)<'Ir(ll')rdjn(IIY cirnnll',loI1C''', I'""tr r:ondit;l)n~ applicahle
10 the plopr.rly invnj"f"d, nr In Ihe illt(~nd(~d lIj(' f)f lip' plf)f>~1 t',:, thnt do not apply
generally 10 Ihe properly or closs of use ;n the s(l",e zone or vicinity.
Before this area was annex approx. two years ago, it was zoned R-2. There
are two residential homes on this lot, Since)the city of ^rcadi~ has re-
zoned the area R-l, Hr. & Hrs, Jalbert have a daughter 3 ycars old who was
born with Spinal Bifida, and must wear braces and use crutches the rest of
her life, or the use of a wheelchair. The child needs constant care 'and
supervision. Because of the present layout of the kitchen and lack of a
indoor play area for the child, a very unsafe condition exists.
Since Mr. & Mrs, Jalbert bought the home prior to annexation they are at
the present in a catch-22 situation. It is therefore that we ask for a
variance to correct the kitchen and construct a play area which sould be
safe for a handicapped child and for peace of mind for the parents, and
better use of their home for all concerned.
B, lhal Ihe g"",lin<] of '.I,ch vr"ionc~ will not he "'nl",inlly oI,.I,;'"enlol 10 Ihe puhlic
heallh or welfare or injurious 10 Ihe plOperly or i"'provements in such zone or vicinity.
The proposed variance will not be detrimental to the public health or
welfare because the proposed addition is a small add-on behind the existing
house, and is therefore, no threat to public conviences or use.
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111n' '.II(:h Vlllltlllr,' if, 1l1.'.'...."lIy Inl fl.,. 11I"',t'I~"lllflll fllld ""I'IY"":111 of rl ~lIh\tql\fj.ol
p",!,"rly right of the ol'l'li<;onl pOSl,,~,..:d \'y 011.." 1""I""ly i" 110'<: IO""! zone and
vicinity.
This variance is necessary for the owners to enjoy full use of their home,
as other 'homes in the. area are not impeded by the R-l zone in constructing
the same type of add-on.
D.
Thot the !J'onting of such vorionce will not odversely affe<;t the comprehensive
general plan.
The granting of a variance will not adversely affect the comprehensive
general plan, due to the fact that this is a residential area and the
proposed addition is for residential use.
NOll:
lhe City Plonn;l1!! ComlllilSiol1 is rcrlui,crlby I,m ,.. mokc 0 woill,," finding
of facts from the showinq applicol1t makcs thot beyond 0 reasonable doubt
the four above enumerated conditions apply.
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