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HomeMy WebLinkAbout1810RESOLUTION NO. 1810 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING ZONE VARIANCE NO. ZV 09 -01, MODIFICATION NO. MC 09 -36, AND APPROVING SINGLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. SFADR 09 -43 TO REBUILD AND ADD ONTO AN EXISTING RESIDENCE AT 231 W. WISTARIA AVENUE. WHEREAS, on November 5, 2009, a Zone Variance application, a Modification application, and a Single- Family Architectural Design Review application were filed by J. Don Crenshaw to rebuild and add onto an existing residence, allow a three -car garage to face the street on a 99.98 -foot wide lot, and allow side yard setbacks to align with the existing legal- nonconforming setbacks; Development Services Department Case Nos. ZV 09 -01, MC 09 -36, and SFADR 09 -43 at property commonly known as 231 W. Wistaria Avenue; and WHEREAS, a public hearing was held by the Planning Commission on December 8, 2009, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated December 8, 2009 are true and correct. SECTION 2. This Commission finds: 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. The subject property is within a neighborhood where a majority of the homes have three -car garages facing the street, and is within fractions of an inch short to meet the minimum lot width requirement for this layout. 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. The proposal promotes uniformity in development as most existing homes within the block have three -car garages facing the street. 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. The proposal enables the applicant to develop the subject property in the same manner as the neighboring properties. D. That the granting of such variance will not adversely affect the comprehensive general plan as the proposal is consistent with the provisions of this document. SECTION 3. That for the foregoing reasons this Commission grants a Zone Variance, a Modification, and approval of Single Family Architectural Design Review for the rebuild and addition to this single family residence, subject to the following conditions: 1. The project shall comply with all applicable Standard Conditions of Approval. 2. All City requirements regarding building safety, fire prevention, fire detection, fire suppression, emergency access, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National 2 1810 Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval. 3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. Approval of application nos. ZV 09 -01, MC 09 -36, and SFADR 09 -43 shall not take effect until the applicant, property owner and contractor have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval, and that all conditions of approval shall be satisfied prior to final inspection of the project. 3 1810 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 26 day of January, 2010. ATTEST: Sec try, Planning Commission APPROVED AS TO FORM: g nger, �tin Cit Attorne 9 City Attorney 4 1810 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1810 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 26th day of January, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille NOES: None of the Planning Commission