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HomeMy WebLinkAbout1467 e . . RESOLUTION 1467 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYING MP 91-003 TO CONSTRUCT A 7,202 SQUARE FOOT TWO-STORY HOUSE WITH SETBACK AND HEIGHT MODIFICATIONS AT 308 CAMPUS DRIVE. WHEREAS, on June 17, 1991, application MP 91-003 was filed by Tony Tange, architect on behalf of Jimmy Au, property owner requesting side yard setback and building height modifications to construct a 7,202 square foot two-story single-family dwelling with detached garage at 308 Campus Drive. WHEREAS, on July 13, 1991, the Planning Commission heard the appeal; and WHEREAS, as part of the record of this hearing the Planning Commission reviewed and considered: a. The staff report and related attachments and b. All oral presentations and testimony made during the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: Section 1. This Commission finds that the requested modifications do not secure an appropriate improvement, prevent an unreasonable hardship or promote uniformity of development. The Commission further finds that the house should be designed to comply with code and that there is not justification for granting the modifications. Section 2. That for the foregoing ~easons this Commission denies MP 91-003 for setback and height modifications for a new two-story dwelling. Section 3. The decision and findings contained in this Resolution reflect the Commission's action of July 23, 1991 and the following vote: AYES: Commissioners Amato, Daggett, Hedlund, Szany, Clark NOES: None Section 4. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 13 day of August, 1991 by the following vote: -1- 1441 e . . " " , '" AYES: NOES: ABSENT: ATTEST: Commissioners Amato, Hedlund, Szany, Clark None Commissioner Daggett C irman Panning Commission ir1JJ~~A~ Secretary, Planning Commission City of Arcadia -2- 1441 . . . July 23, 1991 TO: ARCADIA CITY PLANNING COMMISSION FROM: PLANNING DEPARTMENT DONNA L. BUTLER, ASSISTANT PLANNING DIRECTOR SUBJECT: MP 91-003 308 CAMPUS DRIVE GENERAL INFORMATION APPLICANT: Tony Tang, Architect on behalf of Jimmy Au, property owner LOCATION: 308 Campus Drive REQUEST: The following modifications to construct a 7,202 square foot two- story single-family dwelling with detached garage: 1. 9252.2.4. Side yard Setbacks a. 5'-0" side yard setback along the west property line for the first floor in lieu of 9'-2" required 00% of the width of the lot). b. 14'-3" westerly side yard setback and a 17'-0" easterly side yard setback for the second floor in lieu of 18.4' required on each side of the dwelling (20% of the width of the lot). c. Detached garage to have a 5'-0" side yard setback along the east property line in lieu of 9.2' required. 2. 9252.2.1. Building height of 33'cO" in lieu of 30'-0" allowed. Chimneys to be 38:l:' in lieu of 32'-0" allowed. 3. 9252.2.4.(3). Fireplace to encroach 2'-0" into the requested 5'-0" westerly side yard setback in lieu of 1'-0" allowed. LOT AREA: Approximately 22,133 square feet FRONT AGE: 92.03' on Campus Drive MP 91-003 July 23, 1991 Page 1 EXISTING LAND USE. & ZONING: . The subject property is developed with a single-family dwelling zoned R-O SURROUNDING LAND USE & ZONING: Property to the north is developed with the County Golf Course. Properties to the, south, east and west are developed with single-family dwellings; zoned R-l GENERAL PLAN DESIGNATION: Single-family residential 0-6 du/ac BACKGROUND On August 7, 1990 the City Council approved Text Amendment 90-006 approving new setback and height regulations in the R-O,R-M and R-l zones. In order to allow persons adequate time to submit plans for new homes or additions, the City Council established a deadline date of October 4, 1990 for plans to be submitted to the Arcadia Building Department for plan check based upon the old codes. All plans submitted after October 4 were required to comply with the new regulations. . On September 27, 1990, Tony Tang submitted plans for a new dwelling at 308 Campus Drive. The plan was reviewed by the Planning Department on September 28 and returned to the Building Department with corrections (building height, fireplace encroachment, front setbacks, etc.). The plans were submitted to C.D.S. the City's structural engineer on September 27, 1990 for review. CD.5. mailed the plans to the architect with a list of corrections on October 18, 1990. Plan checks are good for 180 days, the plan check would expire on March 26, 1991. The plans were never resubmitted to the City with the necessary corrections. On April 19, 1991, the Building Division sent a letter to the architect advising him that the plan check had expired. PROPOSAL The applicant is proposing to construct a two-story 7,202 square foot two-story home with a detached 768 sq. foot garage. The first floor contains 4,284 sq. ft. and the second floor contains 2,918 sq. ft. The lot coverage, including the covered patio areas, garage and guest house/storage room is 33.8%:l:. Code allows a maximum lot coverage of 35% . MP 91-003 July 23, 1991 Page 2 ~ . . Requested Modifications: Pro.posed v Allowed Dwelling Height Chimney Height 30'-0" 32'-0" 33'-0" 38:t' Side Yard Setbacks First Floor 5'-0" - west 13'-0" - east 9.2" 9.2" Second Floor 18.4' 18.4' 14'-3" - west 17'-0" - east Fireplace Encroachment into side yard 2'-0" 1'-0" Detached Garage The dwelling is proposed to be 33'-0" in height which complies with the old regulations based on the sliding scale for lot width. However, the chimneys as shown do not comply with either the existing or old regulations. Under the old regulations, chimneys were required to comply with the overall building height of 33'-0". 5'-0" - east side 9.2" The new regulations allow a maximum building height of 30'-0". Chimneys may extend 2' above the roof line if necessary to comply with building code requirements. Setbacks Front and Rear Yard Setback The front yard setback ranges from 34-0" to 49'-0" (not including the second floor balcony encroachments into the front yard). There is a special setback along Campus Drive of 70'-0" from the center line of the street (32.5' from the property line). In addition, Section 9252.2.2. states in part: "...where lots comprising 60% or more of the frontage in a block are developed with larger front yards, the front yard for a lot proposed for development shall be the average of the two (2) nearest developed lots at the time a building permit is issued." The plans do not indicate the front setback of adjoining properties. There is insufficient information on the plans to determine if the front setback complies MP 91-003 . July 23, 1991 Page 3 . . . with code; however, the lot has adequate' depth to move the proposed house back if necessary. The new structures comply with the required 25'-0" rear yard setback. Side Setbacks Based upon the new code requirements, the house does not comply with either the first or second floor setback requirements, as set forth above. Also, the 5'_0" easterly side yard setback for the garage does not comply with the required 9.2" side yard setback. Since 1988 we have allowed a maximum 1'-0" encroachment into the required side yard setback for fireplaces. The applicant is proposing a 2'_0" encroachment. ANALYSIS The applicant is requesting modification to plans which were submitted in September, prior to the new building height and side yard setback regulations. The plans have never been approved because they did not even comply with the regulations in force at that time. It is staff's opinion that the applicant had adequate time between October 18, 1990 when the plans were returned to the architect for correction and the expiration of the plan check in March 26,1991 (more than 5 months) to make the necessary corrections and secure the appropriate buildings permits. The property is a large parcel of land and there is more than adequate lot width, depth and area to comply with the new regulations. Although it may be somewhat of an economic hardship to prepare new plans which comply with code, it is staff's opinion that this request does not meet the following criteria for granting a modification: 1. Secure an appropriate improvement; or 2. Prevent an unreasonable hardship (non-economic); or 3. Promote uniformity of development Attached for the Planning Commission's' consideration are a letter from an adjoining neighbor in opposition to the proposed modifications; a land use map and a site plan, floor plan and exterior elevations. FINDINGS The Planning Commission may: MP 91-003 . July 23, 1991 Page 4 e 1. Approve the requested modification and plans as submitted; or 2. Approve the requested modification and plans subject to the following changes (for compliance with the old code requirements), or a. Reduction of the chimney heights to 33'-0". b. Fireplace encroachment to be a maximum of 1'-0" into the required side yard setback. 3. Deny the modification and no further action is necessary. . . MP 91-003 July 23, 1991 Page 5 e ~t.F' ~OR.~E.. \ ~o' \ 4/2. .7 ~""p~ I &"3 ~. r.....) I I U.,I t: 50. 5~~'\. ~1l' "l.0& I I :f"".J ~\' ... 0 I 0 I "0 I Ill' 0 0 ~ ~\ 1.1) I~ '<II "'" '<t.b g, ~ .~ I~ <"I I 'M <- I 1f1 I . I I I I .. '100'1 '10.09 , 4 '10.0'1 'R-Q ,~ -r (l) '9 ~ It) ~ C It) '4 c- :" "l 0 <" C' t" 0 0 ) ."" (301 .~ IN) 6g,g1 (JJJ) OJ 1) <lO '27 (141) <10.'n '10 "7 '10.3 ":"A\"- " l-e,. ~ CiO '27 <l0.2 '10 '27 (JI4) (JIO) CiO:l7 (32'; USE AND ZONING . Mf 'll-CC>S ocale:1"-100' RECEIVED JUL 1 7 1991 e CtT'f 01" ARCADIA PLANNING Ol!Pf. Arcadia, Ca~ifornia July 15, 1991 City of Arcadia Flanning Co~~is~ion 240 W. Huntington Drive Arcadia, ca., 91006 Re: Uodification VW91-003 Froperty: 308 Campus Drive Gent lemen: . Regarding the application for modification of the above property, I strongly urge that all of these modifications be denied. Although I am sure the new home will be beautiful, it seemt to me that more than ample time was given to comply with the previous restrictions, Since this was not done, I feel it would be in the city's best interest to deny any modifications now. With a 7200 square foot house this should be a very minor problem to scale down the.~lans to sufficiently meet the present code. "- Along ','lith most Arcadians, I am more than pleased ~Ii th the ne\-r standards you have so wisely set which will definitely improve Arcadia's image, and request that the above modifications be denied. : Yours very truly, cr~~ 915 Park Avenue Arcadia, ca.,91007 . RECEIVED JUL 1 7 1991 , CITY OF ARCADIA PLANNING OEPT. Aroadia, California July 15, 1991 City of l.rcadia PlanninG CO~1is~iDn 240 ~'r, HuntinGton Drive Arc~dia, Ca., 91006 Re: ;.;odificat1cm :.IF9l-003 property: 308 Campus Drive Gentlemen: . Regardln3 tbe applicatiDn for modification of the above property, I strongly urge that all of these ~odifications be denied. Although I am sure the new home v/ill be beautiful. it a€~Qt to me that more than ample time was 3iven to comply ~ith thE ?revious restrictions, Since this was not done, I feel it ~ould be Ie the city's best interest to ceny any modific~tions nO\'1. '.nth e. 7200 square f.)ot house this should "!:le 11 very minor ;;roblem to scale dOVIU the ple.ns to sufficiently ~Eet thE present code. Aloa:;s \11th :Jost Arccdians, I am :Dore th".n ,leased ,'lith the ns'! standards you havE. so ~ioely set ~h:ch ~ill definitely improve Arcadia's iD~~e, a~f re~uest t~ot t~6 sbove IDodificctions be denied, Yours very tr~ly. CG: ~.~ 915 Perk AVEnue Arcadia, ca,,9l007 .- J