Resolution 12402CITY OF ALAMEDA RESOLUTION NO. 12402
UPHOLDING THE HISTORICAL ADVISORY BOARD'S APPROVAL OF CERTIFICATE
OF APPROVAL, CA-93-4, RELATING TO THE DEMOLITION OF A STRUCTURE
LISTED ON THE HISTORICAL BUILDING STUDY LIST, AND THE PLANNING
BOARD'S APPROVAL OF VARIANCE, V-93-4, THE RECONSTRUCTION OF A NON-
CONFORMING BUILDING AT 1725 LINCOLN AVENUE.
WHEREAS, applications were made by William Malpas for a
Certificate of Approval from the Historical Advisory Board for the
demolition of a structure located on a parcel listed on the
Historical Building Study List and for a Variance from the Planning
Board to section 30-20.3 of the Alameda Municipal Code to
reconstruct and enlarge a non-conforming structure; and
WHEREAS, the subject parcel is located within the R-5, General
Residential District; and
WHEREA3, the subject parcel is designated Medium Density
Residential on the General Plan Diagram; and
WHEREAS, the Historical Advisory Board held a public hearing
.on 4 March 1993 to consider Certificate of Approval, CA-93-4, and
japan due consideration approved the application; and
WHEREAS, an appeal was made by Richard Wood and Kathryn Finn
on 19 March 1993 to the City Council of the approval by the
Historical Advisory Board of the Certificate of Approval; and
WHEREAS, the Plenning Board held a public hearing on 29 March
1993 to consider Variance, V-93-4, and upon due consideration
approved the application; and
WHEREAS, an appeal was made by Richard Wood and Kathryn Finn
on 13 April 1993 to the City Council of the approval by the
Planning Board of the Variance; and
WHEREAS, the City Council held a public hearing on these
appeals on 18 May 1993, and has examined pertinent maps, drawings,
and documents; and
WHEREAS, the City Council finds that the proposal is
Categorically Exempt from CEQA, Guidelines, Section 15301(1) --
demolition of a small structure which has no historical
significance, and Section 15303 -- construction of a single family
dwelling;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Alameda concurs with the findings of the Historical
Advisory Board and finds that the structure listed on the
Historical Study List has no historical or architectural
significance.
BE IT FURTHER RESOLVED that the City Council upholds the
decision of the Historical Advisory Board to approve City of
Alameda CA-93-4 with the following conditions:
1. The Historical Building Study List shall be amended to
delete 1725 Lincoln Avenue and to add 1610 Minturn
Street.
2. A chronology of events leading to the demolition of the
building is included as Attachment A to this Resolution.
BE IT FURTHER RESOLVED that the City Council denies the
Wood/Finn appeal of the Historical Advisory Board's decision.
BE IT FURTHER RESOLVED that the City Council concurs with the
findings of the Planning Board regarding Variance 93-4:
1. There are exceptional or extraordinary circumstances
applying to the property involved or to the proposed use
of the property which are as follows: (1) The parcel is
26 feet wide where the :minimum required width for the R-5
Zoning District is 50 feet. (2) The City widened Lincoln
Avenue, which reduced the parcel from 125 feet to 115
feet. (3) The historic placement of 1610 Minturn
Avenue, and its proximity to 1725 Lincoln Avenue,
2. Because of such exceptional or extraordinary
circumstances, the literal enforcement of specified
provisions of Zoning Ordinance would result in a
practical difficulty in constructing a functional
replacement E.tructure to 1725 Lincoln Avenue. A
complying one story building would be limited to 16 feet
by 28 feet. The new structure is consistent with the
development pattern of the neighborhood where many
structures have non-complying front or sideyard setbacks,
including the parcel immediately adjacent at 1719/1723
Lincoln Avenue which has no front yard setback and no
left side yard setback. Thus, requiring a complying
building would deprive the property owner of development
rights enjoyed by others in the neighborhood; and
3. The granting of the Variance will not, under the
circumstances of this particular case, be detrimental to
the public welfare or injurious to persons or property in
the vicinity. The old structure did not enhance the
neighborhood due to its state of disrepair and vermin
infestation. The new building at 1725 Lincoln Avenue has
the same setbacks as the old building and thus would not
have greater impacts on neighboring structures. On the
new structure, the second story walls have been stepped
back 3'-6" further than the first story walls to lessen
the shading impact on adjacent properties.
BE IT FURTHER RESOLVED that the City Council upholds the
decision of the Planning Board with the following conditions:
1. The Variance is granted to allow the reconstruction of a
non-conforming structure as shown on plans titled
"Proposed Re-Hab 1715 Lincoln", dated May 15, 1991, and
submitted to the Central Permits Office on August 21,
1991, marked Exhibit "A" in Planning Department files.
Development and use of the property shall be consistent
with these plans.
2. The Variance shall terminate
1993, unless a Certificate of
and issued by the City of
applies for and is granted
expiration of the Variance.
one (1) year from March 29,
Occupancy has been approved
Alameda, or the applicant
an extension prior to the
BE IT FURTHER RESOLVED that the City Council
Wood/Finn appeal of the Planning Board decision.
denies the
BE IT FURTHER RESOLVED that an appeal fee, not more than
$400.00, be charged.
8 April 1991
22 May 1991
9 July 1991
21 August 1991
10 September 1991
20 September 1991
23 September 1991
30 October 1991
30 October 1991
5 September 1992
15 September 1992
1 February 1993
4 February 1993
24 February 1993
26 February 1993
CHRONOLOGY -- EXHIBIT A
Bill Malpas, property owner of 1725 Lincoln
Avenue, makes an application for major design
review to "(r)e -hab an existing non- conforming
commercial building into a conforming single
family dwelling."
Mr. Malpas applies for a building permit to
"build new walls, floor and roof."
Design review application and building permit
is approved by Planning.
Revised plans showing the proposed demolition
of three.building walls (both sides and rear)
are submitted by Mr. Malpas.
Revised plans are approved by Planning.
Revised plans are approved by Building.
Building permit is ready to be issued.
Mr. Malpas makes an application to demolish the
building.
Permit is approved and issued by Building
without being routed to Planning.
Mr. Malpas requested an amendment to the design
review approval to change the window design of
the front facade.
Amendment is approved by Planning.
Mr. Richard Wood, property owner of 1721/23
Lincoln Avenue, discusses with Planning Staff
issues regarding demolition of 1725 Lincoln.
Planning Staff begins investigation of the
matter, and finds that the necessary
Certificate of Approval for the demolition of
1725 Lincoln Avenue was not processed. It was
also found that since the non - conforming
building was substantially re- constructed, a
variance to Section 30 -20.3 -- changes to non-
conforming buildings is required. Mr. Malpas
was advised of these requirements.
Mr. Malpas
Certificate
permit.
Mr. Malpas
makes an application for a
of Approval for a demolition
makes an application for the
26 February 1993 Mr. Malpas makes an application for the
necessary variance. Planning Staff is
processing the variance.
4 March 1993 The Historical Advisory Board grants a
Certificate of Approval based on the finding
that the structure at 1725 Lincoln Avenue had
no historical or architectural significance.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 1Sfh day of
May , 1993, by the following vote to wit:
Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
NOES: None.
AYES:
ABSENT: None.
ABSTENTIONS:
None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 19th day of May , 1993.
Dian B. Felsch, City Clerk
City of Alameda