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HomeMy Public PortalAboutMinutes - 1978/02/28 - RegularPLANNING COMMISSION MINUTES February 28, 1978 INITIATION 1. CALL TO ORDER The regular meeting of the Planning Commission of the City of Temple City was called to order at 7:30 p.m., February 28, 1978, by Chairman Seibert. 2. PLEDGE OF ALLEGIANCE Chairman Seibert led the Pledge of Allegiance to the Flag. 3. ROLL CALL Present: Commissioners Abraham, Breazeal, Lawson, Stacy, Seibert Absent: Commissioners - None Also present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich and Asst. Planner Kissell. 4. APPROVAL OF MINUTES - Regular Meeting of February 28, 1978 There being no additions or corrections to the minutes, Commissioner Breazeal made a motion, seconded by Commissioner Stacy, and carried,' to approve the minutes as written, CONTINUED PUBLIC HEARING: ZONE VARIANCE CASE 77 -520 Lolita Ramos - Applicant /Owner 60114 North Reno Avenue Temple City, Ca, Site: 6011 through 6015 North Reno Avenue Zone: R -1, Single Family residential The Planning Director gave the supplemental report, saying this case has been before the Commission on two previous occasions, and was continued to tonight to give applicant and her representative an opportunity to investigate various options as far as possible improve_.. ments to the property. Based on discussion at the last Planning Commission meeting, it appears that the reduction from five to,three dwelling units is a reasonable approach in this case, reducing the Sresidential density from 20 to 12-units per acre, This approach will allow the applicant to rebuild the duplex and convert the triplex into one unit, or remove the duplex and allow the triplex to remain, or any any combination of 3 units, The Director went on that the applicant had,just before tonight's meet- ing, presented another alternative wherein the triplex would be con- verted to a duplex and the duplex into a single- family unit, and plot plans (Exhibits B -1 and B -2) showing this new alternative, were supplied to each Commissioner. Director Dragicevich also referred to a letter from the County of Los Angeles Department of Engineers indicating their opinion and recommend,l- tions concerning conversion of the subject. property. They would like to see the applicant's plan and then could tell more about compliance with existing rules and regulations of the Building Code, Commissioner Breazeal moved to make the previous Planning Commission minutes on this case a part of the record, seconded by Commissioner Stacy, and the motion carried. The Public Hearing was declared open. Miss Lolita Ramos, 60114 North Reno Avenue, applicant, said her attorney would not be present this evening, and she would represent herself. The fees for an attorney, she felt, could be better used to improve the property, and she was being financially pressured by the lender. She had a discussion with a bank and was told she must have a decision from the Planning Commission and then apply for a loan, which they could not PLANNING COMMISSION MINUTES MEETING OF FEBRUARY 28, 1978 PAGE TWO guarantee approval of at this time, She would have to submit plans before the bank could determine if she qualified for a loan. She also contacted the insurance company, It has been four months since the duplex burned, and the insurance company gave her two more months,; to solve her problem. She stated that at this time, she was amending her zone variance application to convert the triplex to a duplex and the duplex to a single - family dwelling. There being no one else to speak to the issue, Commissioner Breazeal made a motion to close the Public Hearing, seconded by Commissioner Stacy and the motion carried. Commissioner Breazeal said his position was unchanged in that the applicant had demonstrated unusual circumstances, She had suffered a property loss caused by fire, and had owned the property for only one year. This casualty had destroyed her investment, He was in agreement with the new proposal, reducing the density to 12 units per acre, with staff conditions, deleting the condition to upgrade the existing fire hydrant. Commissioner Lawson said he, too, had not . changed his position that approval of this zone variance would prolong the life of a nonconform- ing use, and he would not vote approval of it. Commissioner Stacy asked what was required as far as parking, and was told staff proposes requiring a two -car garage and an area fpr at least four parking spaces shall be designated and improved. He was in favor of the proposal, deleting the fire hydrant. Commissioner Abraham agreed with Commissioners Breazeal and Stacy to approve the variance on the basis of the most recent proposal, and to eliminate the condition for upgrading the fire hydrant. Chairman Seibert said it would be an injustice to that neighborhood where the property is located to allow three units on that property, The subject area is unique in Temple City; most blocks have some multiple dwellings in the neighborhood, even when zoned R -1, but such is not the case in this block, there are only single- family residences. He was against the proposal. Commissioner Breazeal moved to approve Zone Variance Case 77 -520 on the basis that it substantially meets requirements of Section 9201 of the Zoning Code, that reconstruction should be substantially in accordance with Exhibits B -1 and B -2 as submitted February 28, 1978, and deleting requirement for upgrading the fire hydrant from the staff . proposals, but that all other staff proposals be made a condition of. granting. Motion was seconded by Commissioner Stacy and carried by do,: roll call vote with Commissioners Abraham, Breazeal and Stacy voting for and Commissioners Lawson and Seibert against the motion. City Attorney Martin read title to Resolution No 78- 788PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING ZONE VARIANCE IN CASE NO. 77 -520. Commissioner Breazeal moved to adopt by title only, seconded by Commissioner Stacy and the motion carried. 6. PUBLIC HEARING: ZONE VARIANCE CASE 78 -523 James and Celenia Emmanuelli - Owners 6355 Golden West Avenue Temple City, Ca, • 1 Site: Zone: James Emmanuelli - Applicant 6355 Golden West Avenue Temple City, Ca. 6355 North Golden West Avenue R -1, Single Family residential AND 7. PUBLIC HEARING: TENTATIVE PARCEL MAP NO. 570 (Los Angeles County No, 10279) James and Celenia Emmanuelli - Owners Site: 6355 North Golden West Avenue PLANNING COMMISSION MINUTES MEETING OF FEBRUARY 28, 1978 PAGE THREE Chairman Seibert announced that Items 6 and 7 on the Agenda would be combined for purposes of the staff report, public hearing and Sdiscussion but would be considered separately for a decision, Director Dragicevich gave the staff report, saying applicant proposes' to divide the subject property into two parcels, one of which would have less than the required lot area. He explained the plot plan marked Exhibit "A' showing the division of the property into two parcels, one of which would be 10,321 sq. ft„ and the other, 6,630 sq. ft., which parcel would be substandard by City standards. There are two single - family residential units already constructed on the subject property. There are also :'a 2 -car garage and a storage shed on the property. Proposed is a split of the property to create two parcels, each containing one existing residential structure, A variance is re- quested because of the creation of a substandard lot. Because of the location of existing residences on the property, the lot line location has been proposed to meet all zoning setback requirements, including a 10 ft. distance between the existing residence and proposed garage on Parcel 2. As a result of being a reverse corner lot, a 5 ft. setback(Parcel 1i is required from the property line to the new garage as proposed by the applicant. Consequently, the proposed lot line is located in accordance with setback requirements of the Zoning Code, thus producing a substandard size lot. IIIThe Director reviewed the factual data on the subject property and P P Y adjacent area, and the staff conditions proposed if the variance and lot split are approved. A Negative Declaration on the proposed variance and lot split was prepared inasmuch as the proposed land division (2 parcels) is in conformance with the General Plan density:, and no new dwelling units are proposed. Only new construction or re- location of accessory structures is .considered, The basic 'issue is the substandard lot area for Parcel No. 2, The Public Hearing was declared open. Mr. Daniel Snell, 5235 Ardenel Ave., spoke in favor of the proposed lot split, saying it would improve the neighborhood for the following reasons: 1) an existing older garage on Parcel No, 1 would be removed . and replaced with a modern two -car garage; 2) the present two - bedroom home with a single -car garage would be converted to a three - bedroom home with a two -car detached garage, and 3), Lot No. 2 would be available for sale and would become owner- occupied which is preferable to its present use as a rental. The only issue is the substandard size of Parcel No. 2. The majority of lots in the neighborhood, as shown on 410 the vicinity map, are below the required minimum of 7200 sq. ft., especially the six lots around the Craiglee cul -de -sac south of the subject property. The advantages to the neighborhood offset the re- duced size of Parcel No. 2. He was representing the owner, and had discussed the staff recommendations with him, Regarding constructing the garage closer to the house on Parcel No, 2, he said the applicant' prefers the proposed plan, which will give him a larger rear yard and there will be less tendency to darken the house,as there is a window which will be facing the proposed garage. Chairman Seibert asked if the owner would be willing to construct the garage on the front of the house, as there is adequate space to do so. Mr. Snell replied the owner doesn't want to do that. Mr. James Emmanuelli, 6355 Golden West Avenue, said constructing the garage in the front would ruin the looks of the house.. There are two trees in the rear yard which will have to be removed when the garage is built, but Mr. Emmanuelli pointed out they would have to be removed even if the garage is moved 3 ft. II Mr. Irving Hoffman, 6349 Golden West Avenue, whose property is south of the applicant's, said his wife is in poor health, their master bedroom is located along the present driveway of Mr. Emmanuelli's. Cars exiting . and entering go past the master bedroom. He proposed building the garage with entrance on Val Street and consideration be given to closing off the driveway on Golden West Avenue, thus eliminating the traffic and fumes into their master bedroom. PLANNING COMMISSION MINUTES MEETING OF FEBRUARY 28, 1978 PAGE FOUR Mr. Jeff Moore, M. W. Finley Co., 1047 E. Las Tunas Drive, San Gabriel, said his firm had prepared the parcel map and was available to answer questions. Commissioner Stacy asked the Planning Director if there could be two driveways on Parcel 1, and was told that, according to the ordinance, this was permissible (one from Val Street, and one from Golden West). The owner and applicant wishes to have this driveway to park his camper which will be behind 6 ft. high fence. Mr. Emmanuelli added he would construct a 6 ft. high fence and a gate in the front. He has two vehicles, and all traffic would be from Val Street. There being no one else to speak to the issue, Commissioner Breazeal moved to close Public Hearing, seconded by Commissioner Stacy and carried. Commissioner Lawson opened discussion by saying he was in favor of the variance, as it is desirable to get rid of two houses on one lot. He suggested moving the garage closer to the house and' moving the property line east, to make Parcel 2 more conforming to the ordinance. Commissioner Stacy agreed, stating this action would eliminate a rental and he prefers a single - family, owner- occupied parcel; If the owner wants to use the driveway off Golden West for storage of the camper, he would like a condition that a gate be installed. Commissioner Abraham agreed that the garage could be moved closer to the house on Parcel 1, thus enlarging Parcel 2 closer to conformity. Commissioner Breazeal was in agreement, stating that, as presently pro - posed, it would be difficult to grant the variance as it does not meet the burden of proof for granting, i.e,, that there are exceptional or unusual circumstances to this property which do not apply to other properties, or that the variance is necessary for preservation and enjoyment of a property: right other property enjoyes similarly situated. Chairman Seibert said he was not in favor of the variance as requested. The garage could be moved 7 ft. further and this would allow Parcel 2 to be a standard size lot. If the garage were moved .5 ft, further east, and the property line adjusted accordingly, the total area of Parcel 2 would then be 7055 sq. ft. Commissioner Lawson moved to certify that the Negative Declaration was prepared in compliance with the California Environmental Quality Act of 1970, as amended. Motion was seconded by Commissioner. Stacy and carried. Commissioner Lawson moved to grant variance in Zone Variance Case 78 -523, and Tentative Parcel Map No. 570, with the modification that the proposed 20' x 30' garage be moved 5 ft. east and the lot line 5 ft. to the east, as the request meets requirements for granting variance as outlined in Section 9201 of the Zoning Code, and because the substandard size of Parcel 2 is in accordance with other properties in the area. Motion was seconded by Commissioner Breazeal and carried by roll call vote, with Com- missioners Abraham, Breazeal, Lawson and Stacy voting for, and Chairman Seibert against. City Attorney Martin read title to Resolution 78- 789PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A VARIANCE AND APPROVING A TENTATIVE PARCEL MAP IN CASE NO. 78 -523 and PARCEL MA$ NO. 570. Commissioner Stacy moved to waive further reading and adopt, seconded by Commissioner Abraham, and the motion carried. 8. COMMUNICATIONS - There were none. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward. 10. MATTERS FROM CITY OFFICIALS (a) Set Public Hearing to Recommend Ammendment Relating to Development Standards on R -1 and R -2 Zoned Properties Public Hearing on this matter was set for March 28, 1978. PLANNING COMMISSION MINUTES MEETING OF FEBRUARY 28, 1978 PAGE FIVE (b) The Milestone Report - A Regional Profile (Southern California Association of Governments) IIIThis report,referring to preparation of areawide waste treatment manage- ment plans, was received, noted and filed. (c) A report on three minor zoning modification cases con- sidered by the Minor Zoning Modification Committee on February 27, was given by the Director. (1) A request by the owner of.property at 6201 Kauffman Avenue to add a second unit and an 800 sq. ft, garage to accommodate four vehicles, was considered. The proposed unit meets all City requirements, while the proposed garage has a'4 ft, side yard setback (required -. 5 ft.) Plot Plan marked Exhibit "A" was referred to,.and the Director said the Committee granted the request for a four foot sideyard setback with staff conditions that the property shall be developed in accordance with the. plot plan, and that the northerly fence be brought up to standards and, finally, all applicable City regulations shall be complied with. (2) Application by the owner of 5113 North Agnes Avenue, requested approval of a room addition .and a garage to be completely en -_ closed and attached to the existing residence with less than required side yard setback. The Planning Director referred to the plot plan, Exhibit IIP"A ", and the floor plan, Exhibit "B The request was.denied by the Committee because this proposal was beyond the purview of the Minor Zoning Modification Committee as it exceeds the 10 %,deviation for consideration by the Committee. (3) Owner of property at 5229 North Ardenel Drive, asked for a modification to build a new garage and shop to be connected to the existing 181 x 31'6" garage which has a.2 ft.'side yard setback, The existing garage is partially located in the first 2/3 of the,iot, and, according .to the Temple City Zoning Code, a straight line addition would require at least 3 ft. side yard setback.. Exhibit "A" was explained to the Commissioners, and the Director-said the request was granted with conditions that the subject property be developed in accordance with Ex- hibit "A ", and all applicable City regulations shall be complied with, including improved area of access to the proposed garage. The Commissioners agreed with the Committee's decisions, (d) Asst. Planner Kissell presented slides to the Commissioners showing progress on several projects presently under construction in the • City.. The presentation was well received by the Commissioners. (e) Director Dragicevich said the County General Plan will 4110 be the subject of a series of hearings, in different areas and suggested, if any of the Commissioners could attend; it would be beneficial. (f) City Manager said the Business Development Committee of the'Chamber of Commerce is meeting on the first Monday of each month, the next meeting to be March 6th, and invited the Commissioners to attend. 11. ADJOURNMENT - There being no- further business Commissioner Stacy made a motion, seconded by Commissioner. Lawson and carried, to adjourn. Time of adjournment was 8:50 p.m,