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HomeMy Public PortalAboutMinutes - 1964/10/19 - RegularPLANNING COMMISSION MINUTES CITY OF TEMPLE CITY October 19, 1964 1. A regular meeting of the Planning Commission of the City of Temple City was held in the City Hall, 5938 N. Kauffman Avenue, Temple City, The meeting was called to order by Chairman Beckley at 7 :30 p.m. 2. PLEDGE OF ALLEGIANCE: The Pl edge of Allegiance to the Flag was led by Chairman Deckley. 3. ROLL CALL: Present: Commissioners: Briggs, Clemson, Erickson, Beckley Absent: Commissioners: Johnston Also Present: Shatford, Cushman, Woollett 4. APPROVAL OF MINUTES: A motion was made by Commissioner Clemson that the minutes of October 5, 1964, be approved as written. Motion seconded by Commissioner Erickson and carried by the following roll call vote: AYES: Commissioners: Clemson, Erickson NOES: Commissioners: None ABSTAIN: Commissioners: Brigs, Beckley ABSENT: Commissioners: Johnston 5. Public Hearing Continued: Z0: ;E VARIANCE CASE ;CIO. 64-130 (Meeting of October 5) Herbert W. E. Esther M. Smith 5 '5 <8 Rowland Avenue, Temple City Commissioner Johnston arrived at 7 :35 p.m. City Attorney Shatford drew a sketch of the property in question describing how it was originally split and placed on the tax bill. The property was later deeded out as separate lots and a guest house was built on the small lot. The City Attorney stated that it would be considered as one contiguous parcel, not as two separate pieces and must be treated as such. If this guest house had had its own kitchen facilities and had been rented as such, it would be a different situation. The records indicate that it is purely a guest house, to be used as such. In the City Attorney's opinion, the present status is that we have a guest house on the premises which is entirely legal, but it is not a legal non - conforming use. Appearing in favor: Herbert W. Smith, 5758 Rowland, owner - applicant. Mr. Smith presented a letter from Assessor Watson and a letter from Title Insurance and Trust Company, both of which stated that the property contained two separate parcels. Discussion ensued in regard to the legality of the kitchen being placed in the guest house and the fact that a building permit had been issued stating that a kitchen could not be placed in the building. Questions were directed to the applicant in regard to building the guest house, what prompted him to put in the kitchen, the evident lack of knowledge on applicant's part that he had purchased a split lot, and the exact location of the guest house in the center of the second lot. At this time, applicant asked if the case could be continued to allow him to get legal counsel. Chairman Beckley informed the applicant that he had a ten -day appeal period from the date of the resolution to make an appeal to the Council regarding the decision of the Commission, Planning Commission Minutes Page Two October 19, 1964 A motion was made by Commissioner Erickson that the public hear- ing be closed. Motion seconded by Commissioner Clemson and carried by the following roll call vote: AYES: Commissioners Briggs, Clemson, Erickson, Johnston, Beckley NOES: Commissioners: None ABSENT: Commissioners: None Discussion followed among members of the Commission. Commis- sioner Erickson stated that he could see no basic reason for granting this variance due to the fact that the City Attorney has already told us that the use is not a legal non- conforming use, and due to the fact that the applicant had signed a state- ment that he would not place a kitchen in the building, thus creating a violation. Commissioner Erickson further stated that he was in favor of denying this request. Commissioners Johnston, Briggs and Clemson agreed with the statements of Commissioner Erickson. A motion was made by Commissioner Erickson that we request the City Attorney to draw a resolution denying this request for a variance. Motion seconded by Commissioner Johnston and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Erickson, Johnston NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Beckley 6. PUBLIC HEARING: ZONE VARIANCE CASE NO. 64 -136 Jane O. Beeman 6356 Temple City Boulevard, Temple City Chairman Beckley announced that now was the time and place for a public hearing. Verification of public notice and property posting was given by the secretary. Planning Advisor Cushman was requested to present the factual data pertaining to the case. Applicant is requesting a variance to create two parcels having the required area, but each parcel having less than the required 60 foot width in the R -1 zone. Appearing in favor: Jane O. Beeman, 6360 Temple City Boulevard, owner - applicant. Mrs. Beeman presented a statement signed by seven property owners in her immediate vicinity, all of which are in agreement with the zone variance and lot split. The signatures contained on the statement were as follows: Jerome M. Kolb, 6403 Temple City Blvd.; Mrs. Opal Fetter, 9616 Val; Mr. E Mrs. Bernard S. Hovey, 6406 Temple City Blvd.; Mr. E Mrs. John Bronson, 9617 Craiglee Street; Mr. & Mrs. Paul Gledhill, 6330 Temple City Blvd.; Mrs. E. Winning, 6351 Temple City Blvd.; and Joseph Sacchetti, 6341 Temple City Blvd. Also appearing in favor: Howard H. Miller, 6346 Temple City Blvd. and Clyde Morgan, representing proposed builder, if variance is granted. No one appeared in opposition. A motion was made by Commissioner Clemson that the public hear- ing be closed. Motion seconded by Commissioner Erickson and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Erickson, Beckley ' NOES: Commissioners: None ABSENT: Commissioners: None Planning Commission Minutes Page Three October 19, 1964 Discussion ensued among members of the Commission. Commissioner - Johnston stated that he felt this was a fine use of this piece of property and in his opinion the matter didn't need further discussion. Commissioners ^rickson and Clemson were in agree - ment with the statement made by Commissioner Johnston. A ques- tion was raised by Commissioner Briggs as to what granting this request would be doing to our ordinance. Chairman E;eckley stated that the S3 foot width was set with the thought in mind that we would have occasions arise when the limit should be modified. A motion was made by Commissioner Johnston that we instruct the City Attorney to draw a resolution granting this request for a variance and that we require the necessary dedication of ten feet for street widening. ;-;otion seconded by Commissioner Briggs and carried by the following roll call vote: AYES: Commissioners: 3rifs, Clemson, Erickson, Johnston, Beckley NOES: Commissioners: None ABSENT: Commissioners: ;!one 7. PUBLIC HEARIr1G: ZONE VARIANCE CASE NO. 6L -137' C. H. J. A. Earp & Richard Cavanaugh Rear of 5523 Double Drive, Temple City Chairman Eaeckley announced that now was the time and place for a public hearing. Verification of public notice and property postinc was tiven by the secretary. Planning advisor Cushman was requested to present the factual data pertaining to the case. Applicant is requesting a variance to create one new parcel of less than the required area and less than the required width. Appearing in favor: William Stave, 241 Louise, Arcadia; Mrs. Robert Crowder, 10955 Danbury; Dale Rogers, 10225 La Rosa, party purchasing subject lot if variance is granted; and Duane R. Davidson, Danbury Street. No one appeared in opposition. A motion was made by Commissioner Erickson that the public hear - ing be closed. Motion seconded by Commissioner Johnston and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Erickson, Johnston, Beckley NOES: Commissioners: None ABSENT: Commissioners: one Commissioner Johnston stated that he felt that the plan would better and upgrade the whole neighborhood and that he would be in favor of granting the request. Discussion ensued in regard to the possibility of mekinr+ tha lot larger by taking additional property from the existing lots. it was the consensus that this was a good approach, even though it was considerably less than the required 7,200 square feet required in the ordinance. Chairman Beckley stated that he was in favor of the variance because we have a piece of property here of considerable size that would go unused and would remain an eyesore to the neighbor - hood. A or4ot i on was made by Commissioner Johnston that the City Attorney be instructed to draw a resolution granting this request for a variance. lotion seconded by Commissioner Clemson and carried by the following roll call vote: Planning Commission Minutes Page Four October 19, 1964 AYES: Commissioners: Clemson, Erickson, Johnston, Beckley NOES: Commissioners: None ABSTAIN: Commissioners: Briggs ABSENT: Commissioners: None 8. PUBLIC HEARING: ZONE VARIANCE CASE NO. 64 -138 Joanne M. Bryce 5305 Alessandro, Temple City Chairman Beckley announced that now was the time and place for a public hearing. Verification of public notice and property post- ing was given by the secretary. Planning Advisor Cushman was requested to present the factual data pertaining to the case. Applicant is requesting a variance to create one parcel of less than the required area and less than the required 60 foot width. Appearing in favor: Joanne Bryce, 5305 Alessandro, owner - applicant.. Appearing in opposition: Matthew Jacobs, 5329 Alessandro and Robert Tuohey, 5335 Alessandro. These gentlemen were not in opposition to the creation of the lot, but to the fact that there was no intention on the part of the applicant to develop the property in the near future, thus leaving the lot vacant and weed covered. A motion was made by Commissioner Erickson that the public hear- ing be closed. Motion seconded by Commissioner Johnston and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Erickson, Johnston, Beckley NOES: Commissioners: None ABSENT: Commissioners: None Discussion ensued among members of the Commission, the City Attorney and City Manager in regard to the existence of a guest house on the existing property and the fact that the applicant was asking for a three year variance, rather than the usual one year. Commissioner Erickson felt that we should not grant a variance for a time longer than one year. Commissioner Johnston agreed with the one year time limit, stating that an extension could be requested at the end of the year. The other Commis- sioners agreed with the statements made by Commissioners Erickson and Johnston. Commissioner Johnston also stated that the motion, if made, should include the stipulation that the kitchen be removed from the existing guesthouse in the event that a build- ing permit is issued for a new structure. A motion was made by Commissioner Johnston that the City Attorney be instructed to draw a resolution granting this request for a variance with the condition that at the time the building permit is issued for the new structure, that the kitchen be removed from the existing guest house, and that the variance be granted for one year only. Motion seconded by Commissioner Clemson and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Erickson, Johnston, Beckley NOES: Commissioners: None ABSENT: Commissioners: None 9. Appointment of Delegate to the West San Gabriel Planning Council. Planning Commission Minutes Page Five October 19, 1964 City Manager Woollett stated that he would like a delegate appointed that would be able to attend a majority of the meet- ings. Programs will be planned that will take several months and it would facilitate matters if one member oF the Commis- sion could attend regularly as the delegate. He further explained that the duty would entail attendance at one and possibly two meetings a month representing the Planning Commis- sion, luncheon to be at City expense. He also noted that any commissioners desiring to attend would certainly be welcome. Nominations were opened for naming a delegate. Commissioner Clemson nominated Ray Johnston. Commissioner Erickson moved that nominations be closed and that we cast a unanimous ballot in favor oF Mr. C. Ray Johnston as our delegate. The motion was carried by a unanimous vote and Commissioner Johnston will be our delegate to the West San Gabriel Planning Council. 10. RESOLUTION NO. 64 -123PC : A RESOLUTION OF THE PLANNING COMMIS- SION OF THE CITY OF TEMPLE CITY, DENYING APPLICATION FOR ZONE VARIANCE IN ZONE VARIANCE CASE NO. 64 -126, OF JOHN B. AND ALICE C. DOLLENBACHER, BUT FINDING THAT THE EXISTING SECOND RESIDENCE LOCATED AT 5129 CLOVERLY TO 3E A LEGAL NON - CONFORMING USE. Title to Resolution No. 64 -123PC was read by City Attorney Shatford. Planning Advisor Cushman stated at this point that he had factual information to report regarding the case. City Attorney Shatford stated that the public hearing had been duiy closed and that he did not feel the evidence was sufficient to reopen the case. The City Attorney so ruled that this is a legal non - conforming use. City Manager Woollett stated that he felt the public hearing should be reopened and the case reheard. City Attorney Shatford restated that he did not feel the evidence available was adequate to warrant reopening the case and it would not be newly discovered evidence. A motion was made by Commissioner Johnston that we waive further reading and adopt. Motion seconded by Commissioner Clemson and carried by the following roll call vote: AYES: Commissioners: Clemson, Johnston NOES: Commissioners: None ABSTAIN: Commissioners: Briggs, Erickson, Beckley ABSENT: Commissioners: None 11. RESOLUTION NO. 64- 124PC: A RESOLUTION OF THE PLANNING COMMIS- SION OF THE CITY OF TEMPLE CITY, GRANTING APPLICATION FOR ZONE VARIANCE iN ZONE VARIANCE CASE NO. 64 -131, OF CHARLES R. AND JUDITH M. ADAMS, PER- TAINING TO THE REAL PROPERTY LOCATED AT 8919 EAST LIVE OAK, TEMPLE CITY, CALIFORNIA, SUBJECT TO CERTAIN CONDI- TIONS. Title to Resolution No. 64 -124PC was read by City Attorney Shatford. A motion was made by Commissioner Clemson to waive further reading and adopt. Motion seconded by Commissioner Johnston and carried by the following roll call vote: Planning Commission Minutes Page Six October 19, 1964 AYES: Commissioners: Clemson, Erickson, Johnston NOES: Commissioners: None ABSTAIN!: Commissioners: Briggs, Beckley ABSENT: Commissioners: None 12. RESOLUTION! NO. 64- 125PC: A RESOLUTION OF THE PLANNING COMMIS - SION OF THE CITY OF TEMPLE CITY DENY - ING APPLICATION FOR A ZONE VARIANCE IN ZONE VARIANCE CASE NO. 64 -133 OF BUFORD ARNOLD, PERTAINING TO THE REAL PROPERTY LOCATED AT 5409 AND 5413 ENCINITA AVENUE, TEMPLE CITY, AND FINDING THE SECOND DWELLING LOCATED ON SAID PROPERTY TO BE A LEGAL NON- CONFORMING USE. Title to Resolution No. 64-125PC was read by City Attorney Shatford, A motion was made by Commissioner Johnston that we waive further reading and adopt. Motion seconded by Commissioner Clemson and carried by the following roll call vote: AYES: Commissioners: Clemson, Erickson, Johnston NOES: Commissioners: None ABSTAIN: Commissioners: Briggs, Beckley ABSENT: Commissioners: None 13. RESOLUTION NO . 64- 126PC: A RESOLUTION OF THE PLANNING COMMIS - SION OF TEMPLE CITY GRANTING VARIANCE I N ZONE VARIANCE CASE NO. 64 -135 OF EDWARD 0. AND VIRGINIA M. RUSHWORTH, PERTAINING TO REAL PROPERTY LOCATED AT 9336 EAST BROADWAY, TEMPLE CITY, SUBJECT TO CERTAIN CONDITIONS. Title to Resolution No. 64-126PC was read by City Attorney Shatford. A motion was made by Commissioner Johnston that we waive further reading and adopt. Motion seconded by Commissioner Erickson and carried by the following roll call vote: AYES: Commissioners: Clemson, Erickson, Johnston NOES: Commissioners: None ABSTAIN: Commissioners: Briggs, Beckley ABSENT: Commissioners: None 14. COMMUNICATIONS: a. Planning Advisor Cushman presented a letter from Andrew J. Bonura requesting a six -month extension of Plot Plan 484, A motion was made by Commissioner Erickson that we grant this request. Motion seconded by Commissioner Johnston and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Erickson, Johnston, Beckley NOES: Commissioners: None ABSENT: Commissioners: None b. City Manager Woollett read a letter from the Arcadia Plan- ning Commission acknowledging our joint meeting scheduled for October 29, at the Embers Restaurant. Planning Commission Minutes Page Seven October 19,' 1964 c. Chairman Beckley brought up the matter of the study sessions being planned for the second and Fourth Tuesdays of each month. After discussion among members of the Commies ion, it was decided that Wednesday would be a better rlicht for the meetings. 15. ADJOd NkEN9 : Commissioner Erickson moved to adjourn, seconded by Commissioner Beckley and carried unanimously. Meeting adjourned at 9:53 p.m. to the next regular meeting on November 2, 1964. ATTEST: Deputy City Clerk 1 1 Ciia rman, Planning Comm %ssi on