HomeMy Public PortalAboutMinutes - 2005/05/24 - RegularPLANNING COMMISSION
MINUTES
MAY 24, 2005
• INITIATION:
1. CALL TO ORDER
Pursuant to the Agenda posted May 20, 2005, Chairman Griffiths called the
meeting of the Planning Commission to order at 7:30 p.m. on Tuesday, May 24, 2005.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
Present: Commissioners: Le Berthon, Blum, Yu, Seibert, Griffiths
Also Present: City Attorney Martin, Senior Planner Lambert and Code
Enforcement Officer Ariizumi
4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK
5. CONSENT CALENDAR:
• A. APPROVAL OF MINUTES April 12, 2005
RECOMMENDATION: APPROVE AS SUBMITTED
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Vice - Chairman Blum — Stated that on page 7 under the discussion and vote portion of
the minutes, it is not indicated if Commissioner Le Berthon is in favor or against the
project but he believes that he voted in favor. Commissioner Le Berthon stated that he
did vote in favor of the project and would like to amend the minutes to reflect that.
Commissioner Seibert — Made a motion to approve the minutes of April 12, 2005, as
amended, seconded by Vice - Chairman Blum, and unanimously carried.
6. UNFINISHED BUSINESS: None
6. NEW BUSINESS:
A. PUBLIC HEARING: A ZONE VARIANCE TO ALLOW THE APPLICANT TO
MAINTAIN AN EXISITNG CARPORT STRUCTURE
WITH VIRTUALLY NO SIDE YARD SETBACK ALONG
THE SOUTH PROPERTY LINE IN LIEU OF THE 5 FEET
6 INCH SETBACK REQUIRED BY CODE. THE
SUBJECT SITE IS LOCATED WITHIN THE SINGLE -
FAMILY (R -1) RESIDENTIAL ZONE
Planning Commission
May 24, 2005
Page 2
SITE: 5230 HALLOWELL AVENUE •
CASE NO.: ZONE VARIANCE 05 -1516
PROPERTY OWNER/
APPLICANT:
GERARD AND PATRICIA STEL
5230 HALLOWELL AVENUE
TEMPLE CITY, CALIFORNIA 91780
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) CATEGORICALLY EXEMPT [15301]
4) ADOPT RESOLUTION
Director Dawson - Read the Staff Report dated May 24, 2005.
Senior Planner I amhert - Gave a PowerPoint presentation.
Chairman Griffiths — Asked if there were any questions for the Staff and opened the
Public Hearing.
Commissioner Yu! — Asked if the applicant has already modified the carport.
Director Dawson — Stated that the applicant added a trough.
Commissioner I e Berthon — Asked whom the covenant would be enforceable upon.
Director Dawson — Stated that it is a recorded document that is linked to the title of the
property. Asked the City Attorney to explain the process.
City A, ttorney Martin — Stated that the title report would reflect the recorded covenant.
Commissioner Seibert — Asked if this was a result of a Code Enforcement complaint by
the neighbors.
Director Dawson — Stated that was correct.
Vice - Chairman Blum — Stated that he had questions regarding other similar instances
throughout the City.
Commissioner I e Berthon — Stated that if the case were approved would that be
selective enforcement.
Director Dawson — Stated that Code Enforcement typically responds to complaints.
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Planning Commission
May 24, 2005
Page 3
• Vice- Chairman Slum — Asked if the complaint was about the rainwater that was going
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into the neighbor's windows.
Code Enforcement Offi . r Arii tmi - Stated that the complaint was that the carport was
draining into the neighbor's property. Stated that the window issue came up after
inspecting the property.
Commissioner Yu — Stated that the reason why there are side yard setbacks is to have
separation between buildings.
Commission r S .ib .rt — Stated that there is an issue of water draining into the
neighbor's property.
Chairman Griffiths — Asked if there were any questions of the Staff and opened the
Public Hearing.
Patricia Stel, 5230 Hallowell Ave., Temple City — Stated that she has lived at the subject
site 52 years and has never had problems with the neighbors until this incident. Stated
that she felt she was being punished because of the complaint and that many people in
the City have carports. Stated that she did not think a little bit of water on someone's
property is that bad. Stated that they have previously installed a rain gutter and
flashings.
Chairman Griffiths — Asked if there were any other questions. Asked how she felt about
the condition of removing the carport upon the sale of the property.
Patricia Stet — Stated that she is not really in support of that condition because she
feels the carport adds value to the property. Stated that she felt it was a good selling
point.
Chairman Griffiths — Asked if anyone wanted to speak in favor of the application.
Asked if anyone wanted to speak in opposition.
Cindy Loi, 5224 Hallowell Ave., Temple City — Stated that she is speaking on behalf of
her parents. Stated that this carport has not been up for 15 years. Stated that the
water is like a waterfall. Stated that she has been talking to the neighbors for two years
about the problem. Stated that this year the rain was very hard. Stated that it is not
only water but also trash and leaves.
Director Dawson — Asked how long ago her parents moved in.
c,indy Loi, 5224 Hallowell Ave., Temple City — Stated that they have lived there since
1987.
Director Dawson — Asked if the carport was already there at the time of purchase.
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Planning Commission
May 24, 2005
Page 4
Cindy Loi,_ 5224 Hallowell Ave., Temple City — Stated that it was not there when her
parents purchased the property.
Director Dawson — Asked if the carport were recessed one -foot and rainwater did not
run onto her parent's property, would the carport be okay?
Cindy I oi, 5224 Hallowell Ave.. Temple City — Stated that it would be okay as long as
the rainwater does not run into her parent's property.
Commissioner Yit — Asked if her opposition was the water issue and not a view or
aesthetic issue. Asked if that could be resolved, would it satisfy their concerns?
Cindy l oi, 5224 Hallowell Ave., Temple City — Stated that they have already taken
some steps to remedy the situation but they have not been successful.
Chairman Griffiths — Asked if anyone else wanted to speak about the issue. Asked for
a rebuttal from the applicant.
Patricia Stel, 5230 Hallowell Ave. — Stated that the only day that they saw the water
coming down very heavy was when it rained for one -week straight and everyone was
having water issues. Stated that other than that day, the rain gutter has a downspout
and it works. Stated that it would be difficult to cut back the carport one foot and would
be a major project.
Commissioner S .iibert — Made a motion to close the public hearing, seconded by
Commissioner Yu and unanimously carried.
Chairman Griffiths — Closed the public hearing and began discussion.
Vice- Chairman Rlum — Stated that this is not the only carport in town and that approving
this might set a precedent. Stated that the City requires setbacks for good reasons and
by looking at the illustrations, you could see that the water is going into the neighbor's
property. Stated that the house has a two -car garage and has adequate room for the
cars to be kept. Stated that the alternate solutions proposed, do not solve the problem
that triggered the complaint. Stated that we need more discussion about what should
be done with all of these types of carports. Stated that there is a Code for a reason and
that he has concerns because of the water problem, which brought about the complaint.
Commissioner I e Berthon — Stated that he shares Vice - Chairman Blum's concerns and
in this particular case, the rain gutter can't accommodate the amount of flow off the
roof. Stated that is a major burden to place upon the adjoining property to absorb all of
the water. Stated that if the carport were allowed, he would suggest modifications to
have the flow go somewhere else, if possible and if it is not possible, then it should be
removed.
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P l a n n i n g C o m m i s s i o n
M a y 2 4 , 2 0 0 5
P a g e 5
C o m m i s s i o n e r Y i t S t a t e d t h a t h e c o n c u r r e d w i t h t h e o t h e r t w o c o m m i s s i o n e r s a n d
t h a t t h e c a r p o r t i s a l s o t a k i n g 1 / 4 o f t h e w a t e r f r o m t h e m a i n h o u s e . S t a t e d t h a t t h e
g u t t e r s b e c o m e a c o n t i n u o u s m a i n t e n a n c e i s s u e . S t a t e d t h a t h e f e e l s t h a t t h e r e m i g h t
b e o t h e r w a y s t o r e m e d y t h e s i t u a t i o n . S t a t e d t h a t t h e w a y t h a t t h e c a r p o r t i s s i t u a t e d
p r e s e n t l y , h e c a n n o t s u p p o r t k e e p i n g t h e c a r p o r t . S t a t e d t h a t s e t b a c k s a r e e s t a b l i s h e d
f o r g o o d r e a s o n s .
C o m m i s s i o n r i h r t S t a t e d t h a t t h e n e i g h b o r s h o u l d n o t h a v e t o a c c e p t t h e r u n o f f
f r o m t h e n e i g h b o r o n t h e n o r t h . S t a t e d t h a t w h a t e v e r t h e i r s e t b a c k i s , t h e y h a v e t o
a b i d e b y t h e C o d e , a n d i f t h e y h a v e r a i n g u t t e r s o r n o t - t h a t i s n o t t h e i s s u e . S t a t e d
t h a t i t i s o b v i o u s t h a t t h e w a t e r i s d r a i n i n g t o t h e n e i g h b o r ' s p r o p e r t y . S t a t e d t h a t i f
t h e r e i s a c o m p l a i n t o n o t h e r p r o p e r t i e s w i t h c a r p o r t s , t h e n i t w i l l b e a d d r e s s e d o n a
c a s e - b y - c a s e b a s i s . S t a t e d t h a t h e i s n o t i n f a v o r o f c o v e n a n t s a n d t h e y a r e n o t a l w a y s
e n f o r c e d . S t a t e d t h a t h e i s n o t i n f a v o r o f g r a n t i n g t h i s v a r i a n c e .
C h a i r m a n G r i f f i t h s S t a t e d t h a t h e i s i n a g r e e m e n t w i t h m o s t o f w h a t h a s b e e n s a i d .
S t a t e d t h a t h e i s n o t i n f a v o r o f t h e c o v e n a n t c o n c e p t . S t a t e d t h a t t h e l o t t o t h e s o u t h i s
d o w n h i l l f r o m t h e l o t t o t h e n o r t h a n d w a t e r g o e s d o w n h i l l a n d a n y b o d y t h a t i n t e r f e r e s
w i t h t h a t i s l i a b l e f o r w h a t e v e r d a m a g e s m i g h t b e d o n e . S t a t e d t h a t w i t h o u t t h e c a r p o r t
r o o f , t h e w a t e r w o u l d f a l l i n t h e d r i v e w a y a n d s t i l l g o s o u t h i f i t c o u l d . A s k e d i f t h e
" w i n d o w l e a k a g e w a s p a r t o f t h e c o m p l a i n t .
C o d e E n f o r c e m e n t O f f i c e r A r i i 7 u m i S t a t e d t h a t i n c o n d u c t i n g t h e i n v e s t i g a t i o n , i t w a s
i n d i c a t e d t h a t t h e w a t e r w a s d r a i n i n g f r o m t h e c a r p o r t a n d i n t o t h e w i n d o w s .
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C h a i r m a n G r i f f i t h s S t a t e d t h a t t h e c o n c e r n t h a t t h i s m i g h t b e s e t t i n g a p r e c e d e n t i s
v a l i d . S t a t e d t h a t t h e v a r i a n c e w o u l d l e a d t o b i g h e a d a c h e s b e c a u s e t h e r e a r e
h u n d r e d s o f c a r p o r t s i n t h e C i t y . S t a t e d t h a t t h e o r i g i n a l c o m p l a i n t s e e m s t o h a v e b e e n
a b a t e d a n d t h e c o m p l a i n t a b o u t t h e w i n d o w s d o e s n o t s e e m t o h a v e m u c h b e a r i n g .
S t a t e d t h a t t h e i s s u e i s i f w e c a n s u p p o r t a Z o n e V a r i a n c e f o r a r o o f t h a t d o e s n o t m e e t
t h e C o d e a n d t h e a n s w e r i s t h a t t h e f i n d i n g s c a n n o t b e m e t . S t a t e d t h a t a l l o f t h e
f i n d i n g s m u s t b e m e t i n o r d e r t o g r a n t t h e v a r i a n c e . S t a t e d t h a t h e c o u l d s o m e w h a t
s u p p o r t t h r e e o f t h e f i n d i n g s b u t t h a t h e c o u l d n o t m a k e t h e f i n d i n g w h i c h r e a d s : " t h a t
s u c h a v a r i a n c e i s n e c e s s a r y f o r t h e p r e s e r v a t i o n a n d e n j o y m e n t o f a s u b s t a n t i a l
p r o p e r t y r i g h t p o s s e s s e d b y o t h e r p r o p e r t i e s " . S t a t e d t h a t t h e r e a r e o t h e r c a r p o r t s i n
t h e C i t y , b u t t h e y d o n o t p o s s e s s t h e r i g h t , t h e y c o u l d h a v e b e e n b u i l t w i t h o u t p e r m i t s .
S t a t e d t h a t h e w o u l d v o t e a g a i n s t g r a n t i n g t h e v a r i a n c e .
C o m m i s s i o n e r t e B e r t h o n S t a t e d t h a t h e c o n c u r r e d w i t h C h a i r m a n G r i f f i t h s .
V i c e - C h a i r m a n B l u m S t a t e d t h a t w e h a v e r e q u i r e m e n t s i n t h e C i t y a n d t h a t w e a s k
t h e S t a f f t o e n f o r c e t h e s e r e q u i r e m e n t s a n d t h e n p e o p l e c o m e a n d a s k f o r a V a r i a n c e ,
w h i c h p u t s t h e S t a f f i n a n a w k w a r d p o s i t i o n . S t a t e d t h a t u n l e s s t h e r e a r e v e r y u n u s u a l
c i r c u m s t a n c e s , a v a r i a n c e s h o u l d g e n e r a l l y n o t b e g r a n t e d .
N : \ W o r d \ D e p a r t m e n t \ C D D \ M ) N S \ P C M I N U T E S 2 0 0 5 \ P C M I N U T E S M a y 2 4 , 2 0 0 5 . d o c
Planning Commission
May 24, 2005
Page 6
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Vice - Chairman Blum — Made a motion to deny the variance, seconded by
Commissioner Seibert.
Chairman Griffiths — Asked for roll -call vote.
ROLL -CALL VOTE
Vice- Chairman Blum — Yes to deny
Commissioner Yu — Yes to deny
Commissioner Seibert — Yes to deny
Commissioner Le Berthon — Yes to deny
Chairman Griffiths — Yes to deny
Chairman Griffiths — Stated that the motion to deny the Zone Variance carried and that
there is a 15 -day appeal /review period.
B. PUBLIC HEARING: SEVERAL ZONE VARIANCES IN CONJUNCTION WITH
THE CONSTRUCTION OF A 3,303 SQUARE FOOT
ADDITION TO AN EXISTING 1,263 SQUARE FOOT
SINGLE FAMILY RESIDENCE AND A 739 SQUARE FOOT
SECOND UNIT AS FOLLOWS: (1). TO ALLOW A 5' -0 "•
SIDE YARD SETBACK IN LIEU OF 5' -6" REQUIRED FOR
THE PROPOSED SINGLE STORY ADDITION; (2). TO
ALLOW A 10' -6" WIDE DRIVEWAY IN LIEU OF 15' -0"
REQUIRED; (3). TO ALLOW 4' -0" SIDE YARD SETBACKS
FOR THE PROPOSED GARAGE /SECOND UNIT; (4). TO
ALLOW A 5 -CAR GARAGE (WHICH IS REQUIRED BY
CODE) WITH 2 SPACES THAT ARE IN TANDEM AND
NOT INDEPENDENTLY ACCESSIBLE; (5). TO ALLOW
AN 18' -4" HEIGHT FOR THE PROPSED DETACHED
GARAGE /SECOND UNIT IN LIEU OF THE 15' -0"
MAXIMUM HEIGHT LIMIT; AND (6). TO ALLOW A 739
SQUARE FOOT SECOND UNIT (INSTEAD OF THE
MAXIMUM PERMITTED 640 SQUARE FEET). THE
SUBJECT SITE IS LOCATED AT 9837 OLIVE STREET
AND IS SITUATED IN THE SINGLE - FAMILY
RESIDENTIAL (R -1) ZONE.
SITE:
CASE NO.:
9837 OLIVE STREET
ZONE VARIANCE 05 -1617
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P l a n n i n g C o m m i s s i o n
M a y 2 4 , 2 0 0 5
P a g e 7
P R O P E R T Y O W N E R /
A P P L I C A N T :
F R A N K & M A R I A M A C C H I A
9 1 0 8 B R O A D W A Y
T E M P L E C I T Y , C A L I F O R N I A 9 1 7 8 0
R E C O M M E N D A T I O N : 1 ) C O N T I N U E T H I S I T E M T O T H E R E G U L A R
M E E T I N G O F J U N E 1 4 , 2 0 0 5
D i r e c t o r D a w s o n - S t a t e d t h a t t h e a p p l i c a n t h a s r e q u e s t e d a c o n t i n u a n c e t o J u n e 1 4 ,
2 0 0 5 .
C o m m i s s i o n e r Y u M a d e a m o t i o n t o c o n t i n u e t h e m a t e r t o J u n e 1 4 , s e c o n d e d b y
C o m m i s s i o n e r S e i b e r t a n d u n a n i m o u s l y c a r r i e d .
C h a i r m a n G r i f f i t h s S t a t e d t h a t t h e m a t t e r i s c o n t i n u e d t o J u n e 1 4 , 2 0 0 5 .
C . D I S C U S S I O N Z O N I N G I N C O N S I S T E N C Y
S I T E : 1 0 6 1 9 1 0 6 6 5 L O W E R A Z U S A R D .
R E C O M M E N D A T I O N : 1 ) R E V I E W S T A F F R E P O R T R E L A T I V E T O
E I G H T P R O P E R T I E S W H I C H A R E
C U R R E N T L Y Z O N E D C - 2 , B U T I M P R O V E D
W I T H O N E S I N G L E F A M I L Y D W E L L I N G O N
E A C H O F T H E L O T S .
2 ) P R O V I D E S T A F F D I R E C T I O N
T h e P l a n n i n g C o m m i s s i o n r e v i e w e d a s i t u a t i o n w h e r e t h e r e a r e e i g h t e x i s t i n g s i n g l e -
f a m i l y d w e l l i n g s o n L o w e r A z u s a R o a d i m m e d i a t e l y e a s t o f t h e I n - N - O u t B u r g e r s i t e ,
w h i c h a r e z o n e d C - 2 . R e c e n t l y o n e o f t h e s e e i g h t h o m e s w a s o f f e r e d f o r s a l e a n d
t h e r e w e r e s e v e r a l i n q u i r i e s a b o u t p e r m i s s i b l e i m p r o v e m e n t s o r e x p a n s i o n t o t h e
e x i s t i n g h o u s e . B e c a u s e t h e s e e i g h t l o t s a r e i m p r o v e d w i t h o n e s i n g l e - f a m i l y d w e l l i n g
o n e a c h l o t a n d b e c a u s e t h e y a r e z o n e d C - 2 , i m p r o v e m e n t s a r e e s s e n t i a l l y l i m i t e d t o
o n g o i n g m a i n t e n a n c e . C o n v e r s e l y , a s c o m m e r c i a l p r o p e r t i e s t h e y a r e n o t p a r t i c u l a r l y
s u i t a b l e i n t h a t t h e l o t s a r e a p p r o x i m a t e l y 6 , 0 0 0 s q u a r e f e e t i n s i z e a n d o f f e r n o
v e h i c u l a r a c c e s s d i r e c t l y o n t o L o w e r A z u s a R o a d . A f t e r d i s c u s s i n g s e v e r a l a l t e r n a t i v e
a p p r o a c h e s t o a d d r e s s i n g t h i s s i t u a t i o n , t h e C o m m i s s i o n a g r e e d t h a t a n y c o n t e m p l a t e d
G e n e r a l P l a n A m e n d m e n t a n d Z o n e C h a n g e t o t h e s e p a r t i c u l a r p r o p e r t i e s s h o u l d b e
c o n s i d e r e d i n c o n j u n c t i o n w i t h a n o v e r a l l C i t y w i d e G e n e r a l P l a n u p d a t e
C o m m i s s i o n e r S e i b e r t M a d e a m o t i o n t o r e c e i v e a n d f i l e t h e i t e m , s e c o n d e d b y V i c e -
C h a i r m a n B l u m a n d u n a n i m o u s l y c a r r i e d .
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Planning Commission
May 24, 2005
Page 8
• MATTERS FROM CITY OFFICIALS:
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Chairman Griffiths - Informed the Planning Commission about the sessions that he
attended at the Planner's Institute held in Pasadena, California. Stated that he would
like the Planning Commission to have more information pertaining to G.I.S. and also
Form -based Zoning.
10. ADJOURNMENT
Chairman Griffiths — Stated that On May 17, 2005 former Planning Commissioner Louis
Muto passed away. Louis served on the Planning Commission from December 17,
1985 until he resigned in September 3, 1997. Louis was born May 24, 1921 in
Casalnuevo, Italy. Occupationally, Louis Muto worked as a City Planner for the City of
Los Angeles for 35 years. Stated that he wanted to adjourn the meeting in memory of
Louis John Muto. There being no further business, Chairman Griffiths adjourned the
meeting at 9:05 P.M.
ATT ST:
( lit4/1/\'` c'--- g(A/A-,-.____
Secretary
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