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HomeMy WebLinkAbout0944 . . . . RESOLUTION NO. 944 A RESOLUTION OF T~E PLANNING COMMISSION OF THE CITY OF ARCADIA GRANTING A ZONE VARIANCE TO PERMIT A RESIDENTIAL LOT LESS THAN 7,500 SQU~ FEET AT LORENA AVENUE fu~D THE 210 FREEWAY. WHEREAS, on July 13, 1976, Mr. and Mrs. M. D. Stewart filed an application for a residential use on a lot with less than 7,500 square feet on property located at Lorena Avenue and the 210 F.reeway, more particularly described as follows: Por~ions of Lots 17 and 18 of Bower's Addition to Arcadia, as shown on map recorded in Book 21, page 47 of Miscellaneous Records in the Office of the County Recorder of said County bounded southwesterly by the southeasterly prolongation of the southwesterly line of that certain easement described in the deed to the City of Arcadia recorded in Book D-3470, page 402 of Official Records of said office. WHEREAS, a public hearing was held on said matter on July 13, 1976, 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 dat~ 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 applioable 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- 944 . I. . . i. 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 vioinity. 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 a lot less than 7,500 square feet upon the following conditions: 1. That the plot plan and elevations for anew single- family dwelling be submitted to the Planning Department for their review and approval. 2. That a parcel map be approved and recorded consolidating Lots 17 and 18 before a building permit is issued. 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 -2- 944 , . . ... on the 27th day of July, 1976, by the following vote: . . AYES: NOES: ABSTAIN: ABSENT: ATTEST: Commissioners Coghlan, Hegg, Huddy, Clark Commissioner Reiter commissioner Commissioner JflffI~$ Kuyper PerU, 7f> L/- / Chairman -3- 944 . . .' July 13, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: ZONE VARIANCE V-76-4 AND MODIFICATION M-76-l04 LORENA STREET AND THE 2lQ FREEWAY APPLICATION DEVELOPMENT ALTERNATIVES The R-l'zoning on the subject sites allows for such uses as nursery schools, community buildings, private clubs, schools, churches and parks with a conditional use permit. The proximity of these lots to Eisenhower Park (on Second Avenue north of Colorado Boulevard) wouldj in the opinion of the Recreati.on Department, eliminate the sites from consideration as a mini-park. The Planning Department feels that many of the other aforesaid uses permitted with a conditional use permit for this property would be less apptopriate than a single family dwelling; , PROPOSAL AND ANALYSIS . The applicant proposes to develop the existing ~,9ll.58 square foot lot with a single family dwelling. The subject sites wer,e created from Lots 17 andl8 in 1964 when the Foothill Freeway right-at-way was acquired by the State. The balance oJ Lots 17 and l8 not acquired by the State automatically created sub- standard. residential lots. Arcadia Municipal Code Section 9247.4 . . V-76-4 and M-76-l04 2 . (Public Acquisition) permits construction on certain nonconform- ing lots if said lots were rendered nonconforming by the City of Arcadia. However, the Municipal Code does not contain any provisions for lots rendered 'nonconforming by the State. The existing area of 4,911.58 square feet is too large to reasonably add to the adjacent lot to the 'north and is not adjacent ~o any other lot. The existing lots to the north on the west side of Lorena Avenue average 6,500 square feet. As a rule, properties which become nonconforming due to partial acquisi tion by a governmental agency arepri'ced a,t the time of sale to reflect their nonconforming nature and lots which are nonconforming in size are routinely disposed of by governmental agencies regardless of lot area. The sale of nonconforming lots can result in property maintenance problems if the lots remain undeveloped for extended periods of time. . The applicant is also requesting a modification of the front yard setback to 20 ~eet in lieu of 25 feet reqUired by Code~ The location of property at the end of Lorena Avenue and adjacent to a freeway embankment would not make a 5-foot reduction in the front yard setback appear very pronounced. However, to grant a modification the Planning Commis'siol1 must determine that said modification is necessary to secure an appropriate improve- ment of a lot, to preven,t unreasonable hardship or to promote uniformity of development. In th~ opinion of staff, the existing site does not fall into any of the aforementioned categories which would justify a modification but does meet the requirements for a zone variance. The proposed residential development of the existing lots is not materially detrimental to the public health or welfare or injurious to the property or improvements in the area and is located in such a, position (adjacent to the freeway embank- ment) that could be considered exceptional or extraordinary. The owner of the property, without a zone variance, is denied the right to develop his property even though owners of similar property rendered nonconforming by the City may develop their property. Pursuant to the provision of the California Environmental Quality Act, the Planning Department reviewed the proposed zone variance and determined that the proposal would not have a significant effect on the environment. A Negative Declaration has been prepared and fil ed for this zone variance. . The Planning .commission in its approval or denial of the proposed zone variance must make the determination that the propOSed zone variance would or would not have a substantial adverse impact on the environment. . . V-76-4 andM-76-l04 .3 . RECOMMENDATION The Planning Department recommends apProval of Zone Variance V-76-4 subject to the following conditions: 1. Conditions as outlined in the attached report frQm the Depart- ment of Public Works shall be complied with to the satisfac- tion of the Director of Public Works. 2. That the plot plan and elevat,ions for a new single family dwelling be submitted to the Planning Department for their review and approval. 3., That a parcel map be approved and recorded consolidating tots 17 and 18 before a building permit is issued. That the Commission make the following findings: 4. a. That there are exceptional or extraordinarY circum- stances 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 wel- fare or i~jurious to the property or improvements in such zone or v~cinity in which the property is located. c. That such variance is necessary for the preservation and enjoyment of a substantia1 property right of the applicant poss'essed by other property .in the same zone and vicinity. d. That the granting of such variance will not adversely affec t the comprehens i ve general plan" The Planning Department further recommends denial of Modifica- tion M-76-l04. Howeyer, if the Planning Comm~ssion wishes to 'grant said modification, the Commission must determine that the modification is necess'ary to secure an appropriate improvement of a lot, to prevent an unreasonable hardship or to prOmote uniformity of development. . PLANNING DEPARTMENT ~~?~~~ ASSOCIATE PLANNER JFW/at Attachments . . . . July 13, 1976 TO: , FROM: PLANNING COMMISSION PLANNING DEPARTMENT SUBJECT: ZONE VARIANCE V-76-4 AND MODIFICATION M-76-l04 LORENA STREET AND THE 210 FREEWAY . The Department of Public Works does not have any conditions relative to the subject application. JW/at ~~ \ .. ----,-- :!- --- - -, - - ~~ ~--Q--:~ 0 I ~ 0 I R-l, I R-ll~ ~ R-2 --1 l~,!!!..._~ -mo:pr-~ - - _IE - -T 501 50 I \ :"\ 8C"'\' I I \ ~. =,. 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