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