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HomeMy Public PortalAboutMinutes - 1970/09/22 - RegularINITIATION PLANNING COMMISSION MINUTES September 22, 1970 The regular meeting of the Planning Commission of the City of Temple City was called to order by Chairman Atkins at 7:35 p.m., September 22, 1970. The Pledge of Allegiance to the Flag was led by Chairman Atkins. 3, ROLL CALL: Present: Commissioners: Beckman, Dennis, Garvin, Atkins Absent: Commissioners: Lawson Also Present: City Manager Koski, Asst. City Attorney White, Los Angeles County District Engineer -Ed Biddlecomb, Building Engineering Inspector- Rehabilitation, Ben Strain, and Planning Director Dragiceyich. Commissioner Dennis moved to excuse Commissioner Lawson's absence due to illness; Commissioner Beckman seconded and the motion passed. APPROVAL OF MINUTES: Regular Meeting of September 8, 1970 There being no additions or corrections to the minutes, Commis- sioner Garvin moved, and Commissioner Beckman seconded, that they be approved as presented. Motion passed. NEW BUSINESS III 5. PUBLIC HEARING: ZONE VARIANCE CASE 70 -325 Mr. and Mrs. Orval Davis - Owner - applicant 5453 North Halifax Road Temple City, California 0 4. • Site: Same The Planning Director gave the factual report, stating that the applicant proposes to add to the existing nonconforming resi- dential building having less than the required rear yard setback. He explained the plot plan .marked Exhibit "A" showing existing and proposed development, and gave the factual data on this property and zoning history. He concluded by listing the staff proposals, and also calling attention to four letters from per- sons in the immediate vicinity of the subject property who stated they had no objection to the zone variance as requested by the applicant. In answer to questions by the Commissioners, it was determined that the floor of the addition would be slab, as was the main structure, and at the same level. There being no further questions the public hearing was - declared open. Mr. Orval Davis, 5453 North Halifax Road, applicant, took the podium and stated his application covered all he wanted to say, but he was willing to answer questions. There were none. Mr. Ralph Thompson, 10502 Daines Drive, spoke in favor of granting the application. PLANNING COMMISSION MINUTES September 22, 1970 . PAGE TWO. There being no one else to speak for or against the application, there- afore Commissioner Dennis moved to close the public hearing. Commissioner Garvin seconded and the motion passed. In the ensuing Commission discussion Commissioner Beckman stated that since the existing building is 4 ft. from the property line to deny the application would be denying applicant use of his property. Commissioner Dennis regretted- the lack of garage parking, but the exist- ing plot plan made it unlikely this could be remedied. He agreed with Commissioner Beckman that the application should be granted. Commissioner Garvin agreed with what had been said, as did Chairman Atkins. Commissioner Garvin moved to grant. Zone Variance Case 70 -325 with staff proposals on the basis that the proposed addition would not be injurious to surrounding property and would give the applicant better use of his property. Commissioner Beckman seconded and the motion passed. Asst. City Attorney White read title to Resolution 70- 388PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A VARIANCE IN ZONE VARIANCE CASE NO. 70 -325. Commissioner Garvin moved to waive further reading and adopt. Motion was seconded by Commissioner Beckman and passed. 0 6. PUBLIC HEARING: REHABILITATION CASE 70-1 Kyle E. and Velnia R. Cole - Owner 6148 Hart Avenue, Temple City, Calif. Site: 4945 North Cloverly Avenue Temple City, Calif. Chairman Atkins announced that the Planning Commission, by appoint- ment by the City Council, would hear subject case as the Building Rehabilitation Appeals Board under provisions of Chapter 99 of the Uniform Building Code. Planning Director Dragicevich gave the background of the case, which originated with a citizen's complaint in May, 1970, regarding conditions and appearance of the property. He gave the report of the respective departments which were notified and requested to in- vestigate, including the Los Angeles County Health Officer, Los Angeles County Fire Department, the Building Inspector and the Rehabilitation Section of the Los Angeles County Engineers, and told the efforts made to contact the owner. He concluded by saying that the hearing tonight was for the purpose of determining whether this is a substandard property and what measures to ask the owner to comply with. He then introduced Los Angeles County District Engineer Ed Biddlecomb,.who referred the Commission to documents their department submitted relative to this case, what had been their actions and recommendations. He called attention to snap- shots taken of the subject property which were on display, and which illustrated the conditions that exist there. Commissioner Garvin asked if the alternative as suggested in letter from the Building Department, to either bring up to code or demolish within 30 days, was reasonable in length of time, and was it feasible to repair the building. Mr. Ben Strain, Building Engineering Inspector (Rehabilitation) was asked to answer the question, and Mr. Strain said it would depend on the manpower and the number of hours available. In answer to the question of whether it could be done in six months, Mr. Strain said it would be economically doubtful, but not unreasonable. The owner would have to show good intent. The property, if it were to be demolished, could be cleared in an afternoon. He referred to the pictures on exhibit, some of which were taken the day previous to the hearing. Because the front door was ajar an interior inspection was possible, and pictures were taken of the interior also. -PLANNING COMM I SS IMMtNUT ES September 22, 1970 PAGE THREE The public hearing was declared open. Mr. Kyle E. Cole addressed the Commission, stating that the reason he had not responded to attempted contact by the various agencies regarding this property ."was that he was involved in a new business venture which was consuming most of his time. When he and his family 1 ived there he had taken" good care of the property and the landscaping, but the heavy rains of two years ago "had .caused ex- tensive damage to the roof and the ce i l i ngs of the house. They had attempted to repair the roof, but it still leaked. He has had carpenters and contractors inspect the property and give him estimates on repairing i't, but he felt their bids were unreasonably high. He has had offers from various sources to buy the property, but those bids he considered to be too low. He has discussed the sale of the property with .a realtor, but had signed no formal papers to proceed. He would like to sell the land to someone who would build a home on it and live there;- Commissioner Garvin said, in selling property, he could get no guarantee the buyer would live on it; he was concerned about the neighbors who had to look at the subject property, and Mr. Cole should determine whether he wants to improve it or get rid of it. Commissioner Beckman asked Mr. Cole if he thought it was economically feasible to improve the structures, and Mr. Cole replied it would depend on who bought it-if it were 'a carpenter or contractor, it might be worth it. Mr. Strain pointed out that presently the house is not habitable and the improvements would have to be made prior to anyone living in it. The City Manager felt the property, devoid of improvements would make a much more desirable presentation before the Tax Appeals Board, and would be a much more saleable product to develop and would attract more offers than in its present condition. In the condition it is now, the property could be classified an attractive nuisance and a suit could be filed against the owner in the event someone was hurt on the property. The cost of removing the structures is not pro- hibitive for home and garage- approximately $500. The size of the property is 80 x 158, or 12,640 sq, ft. Commissioner Dennis, who had visited the property, called attention to a small sign posted thereon that it was for sale by owner; however, in Mr. Cole's testimony he said he had listed it with a realtor a few weeks ago. Mr. Cole replied that while he had signed something,the property" was not l i s t e d per se. He i s asking $13,000 to $13,500 for the property. Commissioner Beckman moved to close the public hearing; motion was seconded by Commissioner Garvin and passed. Chairman Atkins asked if the building was ever conforming, and Mr. Biddlecomb said it was built prior to establishment of the Building Code in 1933, and he had not researched the files prior to that time. He further stated that only a portion of the building was without the required foundation. Commissioner Beckman said the house is not habitable, and unsafe, and should be removed within30 days, or a proposal submitted with plans and schedule to rebuild it. The property should be cleaned up. City Manager Koski suggested that, if the alternative is to repair, it might be desirable to continue the hearing before finalizing by the Rehabilitation Appeals Board so this Board could review the proposal. Mr. Cole has the right to appeal the decision of the Board to the Council. PLANNING COMMISSION MINUTES September 22, 1970 PAGE FOUR 410 Commissioner Garvin asked if it was possible for the property, in its present condition, to change title and the City have no control. Mr. Biddlecomb said there is a record against the property of substandard building. A person going into a venture of this sort would investigate what this would be. Commissioner Dennis said if Mr. Cole is seriously considering selling II he would need a reasonable amount of time to sell, and suggested 90 days to allow him the alternative of rehabilitation, selling or demoli- tion. Commissioner Garvin was in agreement with Commissioner Beckman, that he should be given 30 days to demolish the structures. The people in the neighborhood have had to live with this eyesore for two years. He also felt some surrounding property was valued higher than the $18,000 to $22,000 indicated by the staff.: Chairman Atkins was in complete agreement with Commissioners Garvin and Beckman; he felt it was not feasible to rehabilitate, the matter of health and safety on the property had to be considered. 0110 Commissioner Garvin moved to order the demolition of the property and removal of all debris and overgrown vegetation at 4945 Cloverly Avenue within 30 days based on the sixteen points listed in the District Eng- ineer's 'letter to Mr. Cole dated August 3, 1970. Commissioner Beckman seconded, and a roll call vote was taken. Commissioners Beckman, Garvin and Atkins voted for, Commissioner Dennis voted against, the motion, and Commissioner Lawson was absent. Asst. City Attorney White read title to Resolution No. 70 -1, RAB, A RESOLUTION OF THE BUILDING REHABILITATION APPEALS BOARD OF THE CITY OF TEMPLE CITY FINDING AND DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND ORDERING THE SAME ABATED BY DEMOLITION. Commissioner Garvin moved to waive further reading and adopt; Commissioner Beckman seconded and a roll call vote was taken. Commissioners Beckman, Garvin and Atkins were for and Commissioner Dennis was against the motion; Com- missioner Lawson was absent. The Asst. City Attorney advised that, since there was a split vote to adopt, a motion was required to waive further reading only. Commissioner Garvin moved to waive further read- ing, and Commissioner Beckman seconded, and the motion passed by all Commissioners present. Mr. Cole was advised he had five days to appeal the decision to the City Council. 1 0 Messrs. Biddlecomb and Strain left the Council Chambers at 8 :45 p.m. 7. COMMUNICATIONS A.The Planning Director referred the Commissioners to a draft of amendment to the Zoning Ordinance prepared by the City Attorney's office relative to Additions to Nonconforming Structures, and suggested either set the matter for public hearing or for study session. City Manager Koski was concerned about the draft, referr- ing to Section 9278.1(2), " ..that all additions to accessory structures under this section shall be of a single story nature only." After considerable Commission discussion it was moved by Commissioner Garvin, seconded by Commissioner Beckman, and passed, to set public hearing on this item for October 13, 1970. PLANNING COMMISSION MINUTES September 22, 1970 PAGE FIVE ® B. The Planning Director referred to draft by the. City Attorney's office of an amendment to the Zoning Ordinance re Administrative Approval of Minor Departures from Zoning Regulations. He continued that, in his opinion, the list of allowable departures should be expanded. - Chairman Atkins stated this should be for study session, and the Commission concurred. . City Manager Koski suggested that the proposed study session might include a meeting with the Business Development Committee of the Chamber of Commerce, to further communications between the Commis- sion and the Committee. This would include Councilmen Briggs and Gilbertson. Community development is the prime effort this year and every opportunity should be utilized to communicate with this group. The Local Development Corporation is now incorporated, he announced, and in ten days will be able to sell stock. Chairman Atkins, after discussion with the other Commissioners, set study session for September 29, 1970, at 7:30 p. m. Chairman Atkins referred to letter from the County of Los Angeles/ Department of Real Estate Management relative to the proposed abandonment of Wedgewood Street, and, with. the Commission's approval, set this for the September 29th study session agenda. E. The Planning Director addressed the Commission about a request he had received to install ice vending machines in the City. He felt these could be classified as drive -in businesses and would require a.conditional use permit. The Asst. City Attorney was of the opinion that, if placed under conditional use permit, the ordinance would require an amendment to specify this-use. It was the con - census of the Commission that the Asst. City Attorney research the matter and report back at the 'meeting of October 13, 1970. F. Director Dragicevich called attention to communication from the County of Los Angeles Health Department regarding the rodent prob- lem on Doreen, Billie's Tropical Jungle. Commissioner Beckman said the letter from that Department to Mr. Billie allowed him until January 1, 1971 to make corrections on his property, and that was not necessary, for the corrections, in his opinion, were minor and would require only about a day to accomplish. He was concerned that the rodent population would getout of control if action is not more immediate. D. 1 1 • Commissioner Garvin pointed out that Mr. Billie, and all others in the City who would require a permit for aviaries had until January 1, 1971, to obtain such permit, and that no one had applied for one yet. He suggested that mention be made in the Temple City Times, on the front page, that all Temple Citians who had aviaries, bird farms, and pets in numbers in violation of the ordinance, must apply for permit or zone variance and the deadline for such applica- tion was January 1, 1971. After considerable discussion this matter was set for study session agenda on September 29, 1970. G. Chairman Atkins announced that he was in receipt of the Los Angeles County Environmental Development Guide, if anyone was interested in perusing it. There would be a hearing on this matter if anyone cared to go. 1 PLANNING COMMISSION MINUTES September. 22, 1 9 PAGE S I X H. Director Dragicevich brought to the attention of the Commission a letter from the County of Los Angeles Regional Planning Com- mission re Proposed Subdivision Tract No. 27812, wherein the Planning Commission was asked for comments or recommendations to be submitted within 15 days. The Commissioners were in agree- ment that they disapproved of the Proposed Subdivision Tract, and instructed staff to so advise the County. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Chairman Atkins introduced Cecil Co-stilow, reporter for the Temple City Times, to the Commission. 9. MATTERS FROM CITY OFFICIALS - There were none. 10. ADJOURNMENT There being no further business, Commissioner Beckman moved to adjourn to study session on September 29, 1971, 7:30 p. m. , in the North Meeting Room of the City Hall. Commissioner Dennis seconded, and the motion passed. Meeting adjourned at 9:30 p. m. ATTEST: Chairman