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HomeMy WebLinkAbout0472 , . . ~ RESOLUTION NO. 472 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE DENIAL OF A ZONE VARIANCE TO ALLOW TO REMAIN A CARPORT ILLEGALLY CONSTRUCTED ON PROPERTY AT ~122 HUNTINGTON DRIVE IN SAID CITY. UJ WHEREAS, there was filed with this Commission on the 30th day of January, 1963, the application of John P. Vidican and Violet Vidican, as developers and partial owners, for a variance to allow a carport illegally constructed without a building permit to remain on " ~.' property located at 1122 Huntington Drive in the City of Arcadia, County of Los Angeles, State of California, described as follows: . The Easterly half of those portions of Lots 2 and 3 of Tract No. 2731, per map recorded in Book 33, page 29, of Maps, in the office of the County Recorder of said County, described as a whole as follows: Beginning at the inter- section of the westerly line of the east 40.00 ft. of said Lot 2; with the northerly line of said lot 2; thence easterly along the northerly lines of said lots, a"distance of 137.50 feet, more or less, to the westerly line of the east 60.00" feet of said lot 3; thence southerly along said westerly line of the east 60.00 feet of said lot 3 tb-the northerly line of-Tract No; 13409, per map recorded in Book 271, Page 26, ,of said Official Records; thence" westerly along saidnDrt.herly line of' said Tract No. 13409 to the northwest corner of said Tract No. 13409. The northwest corner of said Tract No. 13409 being the northeast corner of Tract No. 15120, per map recorded in Book 323, pages 11 and 12, of said Official Records; thence continuing westerly along the northerly line of said Tract No. 15120 to said westerly line of the easterly 40.00 feet of said lot 2; thence northerly along said last described line to the point of beginning. , and, -1- 472 ,/' . . , ~ . . WHEREAS, after due notice as required by the Zoning Ordinance of said City, a public hearing was duly held on the matter by and before this Commission on the 13th day of February, 1963, at which time all interested persons were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, THE CITY PLANNING COMMISSION HEREBY DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. That on March 3~ 1960, a building permit was issued for the construction on subject property and property adjacent thereto all owned by applicant, of a 24 unit apartment building and 24 covered carports, in accordance with the R-3 zoning regulations then in effect. That such 24 unit apartment building and 24 covered carports were thereupon constructed under such permit. That 12 apartment units and 12 covered carports plus 3 additional open parking spaces were located on subject property above described. That on March 1, 1960, Ordinance No. 1075 was adopted increasing the off-street parking require- ments for apartment buildings to It parking spaces per unit of which at least one (1) space shall be in a roofed garage or carport. That by Ordinance No. 1178 adopted June 19, 1962, the off-street parking require- mentsfor apartments were increased to two (2) parking spaces per unit, one of which shall be in a roofed garage or carport. That some time between the adoption of Ordinance No. 1178 and November 28, 1962, an additional covered carport was constructed on subject property without a permit therefor, which additional roofed carport constituted an addi- tion to a non-confonning building in violation of the Arcadia Municipal Code. That applicant has sold numerous undivided interests in subject propert~ wit~ the exclusive right of use of specified apartment units and carports. That in one instance he sold the exclusive right of use -2- 472 . . . of 2 covered carports with one apartment unit, and that he constructed the additional roofed carport so that he would be able to sell the exclusive right of use of a covered carport with each of the apartment . dwellings remaining to be sold. That the ~wners of 15 of the undivided interests, constituting an overwhelming majority of such owners, as well as the Board of Governors of the Condom1niunthus constituted, have protested the granting of the variance requested herein upon the grounds, among others, that the construction of the roofed carport lessens t~e open parking spaces theretofore available in common to the purchasers of undivided interests of the properties as well as their guests, thereby causing increased street parking in the area and, like- wise, that the granting of such variance would conddne a deliberate violation of the Arcadia Municipal Code. SECTION 2. That subject property is no different than numerous apartments constructed under the pre-existing la~ and now nonconforming.' That the requested variance is not necessary fo~ the preservation or enjoyment of any substantial property right of appli- cant possessed by other propert~ in the same zone or viciqity. That , the granting of the requested. variance will b~ injurious t? properties and improvements in the zone and vicinity ln which the property is located. SECTION 3. That for the foregoing reasons this Commission recommends that the requested zone variance of the above described property be denied. 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. -3- 472 . . . . . I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Planning Commission held on the day of , 1963, by the following vote: AYES: NOES: ABSENT: ~cian ATTEST: . Secretary . -4- 472 . . . " . . ~ NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY PLANNING COMMISSION WHEREAS, JOHN P. VIDICAN AND VIOLET VIDICAN, the developer and partial owner of the real property located within the City of Arcadia, California, and hereinafter described has filed with the Plonning Commission of the City of Arcadia, 0 petition requesting a zoning varionce os follows: ~ " 1'1 ".t..,",~' The Easterly half of those portions of Lots 2 and 3 of Tract No. 2731, GlI per map recorded in Book 33, page 22-af Maps, in the office of the County Recorder of Los ~,~I"$ County,S....' ~(".;:r;T~, described os a whole as follows: Beginning at the intersection of the westerly line of the east 40.00 ft. of said Lot 2; with the northerly I ine of said lot 2; thence easterly along the northerly lines of said lots, 0 distonce of 137.50 feet, more or less, to the westerly line of the east 60.00 feet of said lot 3; thence southerly along said westerly I ine of the east 60.00 feet of said lot 3 to the northerly line of Tract No. 13409, I!Is per map recorded in Book 271, Page 2~of said Official Records; thence westerly along said northerly line of said Tract No. 13409 to the northwest corner of said Tract No. 13409. The northwest corner of said Tract No. 13409 being the northeast corner of Tract No. 15120, CI6 per map recorded in Book 323, poges II and 12,of said Official Records; thence continuing westerly along the northerly line of said Tract No. 15120 to said westerly line of the eosterly 40.00 feet of said lot 2; thence nartherly olong soid Iqst described I ine to the point of beginning., The Applicants request a variance to allow a carport constructed without a permit to remain intact. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that on Wednesday, February 13, 1963, at the hour of 8:00 o'clock P.M. in the Council Chamber of the City Hall, 240 West Huntington Drive, Arcadia, California, said Planning Commission will hold a public hearing on the question of said proposed zone variance and an opportunity wi II be afforded to persons particu larly interested and the public generally, to be heard on all matters concerning said variance. DA TED: February I, 1963 PLANNING COMMISSION OF THE CITY 9F f-RCADIA, C~~ Byt{.;L~v~ WILLIAM PHELPS Planning Secretary ~. . . . -' " . February 8, 1963 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: VARIANCE APPLICATION NO. 62-14 (John P. Vidicqn - 1122 W. Huntington Dr.) APPLICATION: This is the application of John P. Vidican and Violet Vidican, Developers and partiol owners of the property known os 1122 Huntington Drive, seeking a variance to allow a carport constructed without benefit of a permit having been taken out for its construction to remain intact. SUBJECT PROPERTY: A building permit was issued for the construction of the apartment building and carports on March 30, 1960. The permit was issued on the basis of Twelve carports and three open parking spaces which con- formed to the parking space requirement af 1-1/4 spaces for each unit at the time. . On April 4, 1960 the parking space requirement was chol'),ged to 1-1/2' spaces per unit, making the apartment building non-conforming. A subsequent investigation by the Superintendent of Building and S ciety made on November 28, 1962 disclosed an additianal newly constructed carport. Such construction having been made without benefit of permit and to a non-conforming building is in violation of Arcadia Municipal Code which prohibits expansion of non-conforming buildings. ANALYSIS: From a Planning viewpoint, which in this case must concern itself with the physical characteristics of the site, in relation to the subject carport, it appears thot this carport does not in any way materially affect the circulation or parking patterns of the site nor does it appear to injure the publ ic health, safety and welfare. On the basis of this viewpoint the Planning Staff is inclined to recommend that the variance be approved subject to condition thot the applicant be required to P9Y all required penalties for said violation. But, on the other hand the Planning Staff realizes that as a result of this violation there MAY EXIST some legalistic implications as the site development consists of co-operative apartments in individual ownerships. The Planning Staff, therefore, recommends that the City Attorney be directed to elaborate on any possible implications prior to the Planning Commission making its decision. . PLANNING DEPARTMENT :IL~~ p:rsJjrector n ERNEST MA~~'T r Planning Technician WP:EM:ma