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THIS IS THE REAL ESTATE PAGE
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IN THIS SITE
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REAL ESTATE STORIES
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MAPS
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This NONCOMMERCIAL site is a harmless hobby of George Garrigues, who has lived in the Westside Village district of Palms for 12 years. These pages have no connection with any organization.
Send him e-mail with corrections and comments.
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JASMINE AVE. SETBACK BATTLE MOVES TO THE WLA PLANNING COMMISSION
An appeal against the granting of a setback variance at 3665 Jasmine Ave. will be considered by the West Los Angeles Area Planning Commission after 4:30 p.m. Wednesday, Feb. 7.
 The appeal is in opposition to a plan by Builder Gary Schaffel of Van Nuys, who wants to construct a new building only 15 feet from the sidewalk, which would be closer than the other buildings on that side of the block, all of which are set back by 25 feet.
The Palms Neighborhood Council voted to oppose the setback variance. But the city attorney has ruled that neighborhood councils (because they are agencies of the city) cannot make an appeal to the Planning Commission. Therefore, the appeal was filed as a private matter by PNC Secretary George Garrigues.
"There WILL be adverse impacts from the proposed encroachment which CANNOT be mitigated." he wrote. "These include a loss of the historically open and wooded character of residential Palms, which has been one of its characteristics since it was founded in 1886 and which the local community, through its Neighborhood Council, is intent on preserving."
Property owners have lined up on both sides of the issue.
The hearing will be at 11214 Exposition Blvd., corner of Sepulveda.
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NEW STRUCTURES ARE MAINTAINING THE 25-FOOT SETBACK
A quick tour of Palms by The Sun has found five apartment buildings that have been built recently or are being built at least 25 feet from the sidewalk. The developers of these buildings are maintaining the open character of Palms without complaint.
Kudos go to the developers and architects of these projects: 3721 Jasmine Ave. (under construction), 3638 Hughes Ave. (completed), 3730 Cardiff Ave. (cleared of an old house and ready for construction), 3729 Cardiff Ave. (completed) and 3686 Keystone Ave. at Regent (completed).
For more about some not-so-farsighted developers — those who want to crowd their apartment buildings closer to our sidewalks — see The Sun's November 2006 Real Estate page.
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Appeal to West Los Angeles Area Planning Commission
Setback variance at 3665 Jasmine Ave., Palms, CA 90034
Case No. ZA-2006-6512-ZA
Page 1
I. I am aggrieved by the decision inasmuch as it will deprive me and all the other citizens of Los Angeles with the open space and feeling of freedom we obtain from the current building setback of 25 feet when we walk or drive upon Jasmine Avenue between Palms and Venice Blvds. or contemplate the existing attractive and welcoming character of Palms, the oldest neighborhood on the Westside of Los Angeles.
II. The decision-maker erred in the following points:
A. The granting of the adjustment will result in development that is NOT compatible and NOT consistent with the surrounding uses.
(1) It would be the FIRST building on the west side of Jasmine Avenue between 3563 on the north and Venice Blvd. on the south to encroach into the 25-foot setback line long established on many of Palms's north-south residential streets. There is just one property on the opposite side of the street between Palms and Venice Blvds. where such encroachment has been so authorized; this authorization was a fluke inasmuch as there was no consideration in the staff report on that case to maintain the building line for esthetic and open-space reasons. In addition, the newly established Palms Neighborhood Council did not have the opportunity to make a comment upon that application.
(2) THE VAST MAJORITY of the buildings on Jasmine Avenue between Palms Blvd on the north and Venice Blvd. on the south are constructed at a 25-foot setback. Please see the attached aerial photograph, which shows just the block in question. The statistics between Palms and Venice are:
Eight addresses with a 15-foot setback:
West side (odd numbers), 3501, 3515, 3525, 3535, 3541, 3551, 3557, 3563 (all north of Tabor).
East side (even numbers), none,
Fifty-seven addresses with a 25-foot setback:
West side (odd numbers), 3545, 10200 Tabor, 3609, 3615, 3623, 3633, 3637, 3651, 3657, 3665, 3667, 3671, 3677, 3685, 10206 Regent (side), 3709, 3715, 3723? (no address posted), 3725, 3731, 3735, 3741, 3745, 3751, 3755, 3761, 3771.
East side (even numbers): 3502, 3508, 3516, 3526, 3532, 3538, 3544, 3550, 2556, 3562, 10144 Tabor (side), 3620, 3640, 3650, 3658, 3662, 3668, 3674, 3676, 3678, 3690, 3702, 3714, 3720, 3726, 3736, 3742, 3750, 3760, 3767 Clarington (rear),
Omitted: 3626-3636, empty structures built at a 25-foot setback but upon which an apartment building will be constructed to encroach to 15 feet from the sidewalk as noted in (3), below..
(3) The 3626 Jasmine precedent (APCW-2004-7476 BL) cited in this present case by City Planner Theodore L. Irving is also faulty inasmuch as the Building Line Removal Finding at 3626 stated that one of the benefits of allowing the encroachment at that address was to “allow the project to be developed with an affordable unit for handicapped persons whose household level does not exceed” a certain minimum figure set by the government. There is NO SUCH finding in this present case across the street at 3665.
Appeal to West Los Angeles Area Planning Commission
Setback variance at 3665 Jasmine Ave., Palms, CA 90034
Case No. ZA-2006-6512-ZA
Page 2
B. The granting of the adjustment will NOT be in conformance with the intent and purpose of the General Plan.
(1) In particular it does NOT meet the requirements of the following principles of the Plan (emphases supplied):
(a) Environmental Quality
Environmental quality means cleaner air, enhanced mobility, and accessible open space, and is a foundation for attracting and retaining economic investment and improving neighborhood liveability. Limited resources should be used wisely so that the needs of today can be met without compromising the ability of future generations to meet the needs of tomorrow.
(b) Clear and Consistent Rules
Clear and consistent rules governing both public and private sector development are necessary to expand economic opportunity and protect the character of residential neighborhoods. . . .
(c) Effective Implementation
Effective implementation is comprehensive, continuing, and responsive to changing circumstances and needs. Communities and neighborhoods must be engaged in a participatory process of planning for their futures within a citywide context.
To illustrate this kind of participatory process — ignored by the City Planner in his report — I present the following resolution that was adopted unanimously by the Palms Neighborhood Council on October 7, 2006:
“The Palms Neighborhood Council opposes the building line change request put forth in Tentative Tract Map 67236 at 3665 Jasmine Ave.”
In addition the Palms Neighborhood Council adopted the following resolution on November 1, 2006:
“(1) The Palms Neighborhood Council is concerned about reduction of open space in Palms and is opposed to the reduction of building setback requirements on all streets in Palms unless they are specifically approved by the Neighborhood Council. (2) Our City Council members are requested to take this concern and opposition into account when considering developers' requests for setback changes.”
(2) The statement by the City Planner that the encroachment will “allow for similar open space, air and light typically found at other properties within the vicinity” is SIMPLY WRONG. There will of course be LESS open space as the property line encroaches toward the street. And this encroachment would set an additional bad precedent for Jasmine Street that is already so sadly evident on the opposite side at 3626.
(3) There is precedent in Palms for NOT granting a request for a building-line encroachment. The value of maintaining a 25-foot setback in Palms has been recognized by planning authorities in similar cases. A request for a similar setback encroachment at 3509 S. Keystone Ave. (TT 65309) was denied by the Deputy Advisory Agency on September 19, 2006, and the West L.A. Area Planning Commission rejected a similar request for a lot at 3730 Cardiff Ave. in August 2005.
Appeal to West Los Angeles Area Planning Commission
Setback variance at 3665 Jasmine Ave., Palms, CA 90034
Case No. ZA-2006-6512-ZA
Page 3
(4) The 1991 precedent cited by Planner Irving at 3675 Empire Drive (ZA 90-1372 (YV))is a poor one. The decision was made in 1991 when a different philosophy ruled; it was based primarily on “the enjoyment of substantial property rights” rather than the general public welfare and the intent and purpose of the General Plan. And of course there was no Neighborhood Council in place at that time to represent the interests of ALL stakeholders of Palms.
C. There WILL be adverse impacts from the proposed encroachment which CANNOT be mitigated. These include a loss of the historically open and wooded character of residential Palms, which has been one of its characteristics since it was founded in 1886 and which the local community, through its Neighborhood Council, is intent on preserving.
D. The site and the existing improvements are simple and uncomplicated. There is nothing about them which would make adherence to the zoning regulations impractical or infeasible, and Planner Irving has cited none. He has merely repeated some of the claims he made in the rest of the document.
III. The decision-maker abused his discretion as follows:
A. He did not take into account or comment on the following resolution of the Palms Neighborhood Council, adopted on October 4, 2006:
“The Palms Neighborhood Council opposes the building line change request put forth in Tentative Trace Map 67236 at 3665 Jasmine Ave.”
(Neighborhood Councils are REQUIRED by City Charter Section 900 to have “an advisory role on issues concerning the neighborhood.” )
B. He did not take into account or comment on a letter sent to the Planning Department signed by Pauline Stout, President, and Todd Robinson, Land Use Committee Chair.
C. He assumed that the purpose of the building-line restriction along Jasmine Ave. (which “was established more than 50 years ago,” as he put it) was to “preserve an area on individual properties for future street dedications and improvements” but he did not provide a single document or reference to support that claim. He did not consider that the purpose of establishing a 25-foot setback line could also have been for esthetic and open-space reasons.
George Garrigues, appellant
10720 Palms Blvd., Apt. 106
Los Angeles, CA 90034-5582
(310) 839-7708
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