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REHAB - Approval of Minutes 9-22-98 177 MINUTES OF THE REGULAR MEETING ROSEMEAD BUILDING REHABILITATION APPEALS BOARD SEPTEMBER 22, 1998 The regular meeting of the Rosemead Building Rehabilitation Appeals Board was called to order by Chairman Bruesch at 7:05 p.m. in the Conference Room of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag and Invocation were waived as having been completed during the meeting just adjourned. ROLL CALL OF OFFICERS: Present: Boardmembers Clark, Imperial, Taylor, Vice-Chairman Vasquez, and Chairman Bruesch Absent: None APPROVAL OF MINUTES: AUGUST 25, 1998 - REGULAR MEETING MOTION BY BOARDMEMBER TAYLOR, SECOND BY BOARDMEMBER IMPERIAL that the Minutes of the Regular Meeting of August 25, 1998, be approved as submitted. Vote resulted: Yes: Clark, Vasquez, Bruesch, Imperial, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. I. ADMINISTRATION OF OATH The Board Secretary administered the oath to all persons wishing to address the Board. II. HEARINGS A. 3612 MARYBETH AVENUE The subject property consists of an owner-occupied single family dwelling and an illegal storage room conversion. The property is zoned R-I. On July 10, 1997, a "Stop Work Notice" was left at the site due to construction in progress without permits. Subsequently, the owner submitted plans to Planning Department for work being done. The project, as proposed, was denied due to insufficient parking. Mr. Tran was advised to remove the partitions that had been constructed, and was informed that the area in question could be used for storage only. Compliance was not achieved, and a rehabilitation case was initiated. A "Please Letter" was mailed to Mr. Tran on May 6, 1998. No response was received, and a follow-up inspection on May 27, 1998 revealed no apparent progress. The Building Official declared the property substandard and filed a Declaration of Substandard Property with the Los Angeles County Recorder's Office. A "Thirty Day" certified letter was mailed and posted on the property on June 10, 1998, requesting abatement of the substandard conditions. On June 15, 1998, a letter was received from Mr. Tran acknowledging receipt of the certified letter and advising staff of his intentions to cooperate. He did state in his letter that he was financially unable to correct the defects at that time, and he emphasized that the conversion posed no threat REHAH6-22-9g Page al to public safety or welfare. Steven Bailey, Deputy Building Official, responded to Mr. Tran's letter. He clarified the rehabilitation process and reminded Mr. Tran of his right to request a public hearing. Mr. Tran wrote a second letter in which he did request a hearing. On July 9, 1998, the building inspector contacted Mr. Tran by telephone. She attempted to schedule an appointment for an inspection. He refused and reiterated his desire for a hearing. A Notice of Hearing was mailed and posted on the property on August l0, 1998. On August 18, 1998, a letter was received from an attorney, Kenneth Fong. He requested that the hearing be continued to allow him sufficient time to review the case. On August 19, 1998, Mr. Fong phoned and spoke with Deputy Building Official, Steven Bailey, who explained the rehabilitation procedures and the hearing process. On August 24, 1998, the owner's daughter, Lynda Tran, came to City Hall and spoke with both Building and Planning Department staff regarding their respective requirements. Another letter was received from Mr. Fong on August 28, 1998 acknowledging the rescheduling of the hearing and thanking staff for their cooperation. A revised Notice of Hearing was mailed and posted on the property on September 8, 1998. All interested parties have been notified. The City Building Official recommends that the Board find the property substandard and order removal of all unpermitted, non-conforming portions of the storage room by November 2, 1998. However, if necessary permits for removal and corrective work are obtained by November 2, 1998, the abatement date may be extended to December 1, 1998. Lynda Tran, 3612 Marybeth, Rosemead, daughter of the owner, was present and stated that she and her sister live on the property to help with the mortgage payments. Ms. Tran stated that her parents bought the property with the storage area in place and were unaware that obtaining permits were necessary to make those additions and they have exhausted their finances on trying to improve that storage room. She continued that all unpermitted construction has been removed except for the partitions and that room is used as a storage area only. Boardmember Imperial asked if anyone was living in that room as unpermitted plumbing had been installed. Steve Bailey, Deputy Building Official, responded that they were not able to gain access to inspect that room since issuing the Stop Notice in July of 1997. Ms. Tran stated that her parents do not live in the area and she and her sister both work. Ms. Tran complained that her parents have been receiving numerous calls at their home in Canoga Park from the Building Department. Chairman Bruesch explained that the Building Department was trying to contact the owner of record. Mr. Bruesch stated that access needs to be gained in order to determine that progress is being made to convert the room in question back to a storage area. James Guerra, Building Official, stated that if interior inspection is gained within the next 30 days, an additional 30 days can be granted. However, Mr. Guerra continued, according to recent pictures, it appears that no progress has been made as the walls are still in place, and it is difficult to determine if the plumbing has been capped or if the room is being occupied or not. Ms. Tran stated that the room is unoccupied and she will cooperate with the Building Department to schedule an appointment for an inspection. Boardmember Clark asked if the plumbing was removed, could that room, with permits, have walls and still be used as a storage area? Peter Lyons, Planning Director, responded that that storage structure was built with permits in 1965, and the current requirement is that each new house addition have a two-car garage. Mr. Lyons stated that this house is a one-car garage. REIIAB:9-22-98 Page 42 Boardmember Taylor asked what amount the code specifies regarding the cost of an addition. Mr. Lyons responded that the amount is $10,000. Frank Tripepi, City Manager, clarified for the record that if the valuation of that addition is $10,000 or more, they would be required to build a two-car garage; however, that can be determined once the owner files plans and pulls permits. Boardmember Clark asked Ms. Tran to describe the configuration of the room. Ms. Tran explained that there is a room and a storage area; however, the plumbing is capped. Chairman Bruesch stated that the Board is trying to insure that that room will not be reconverted into living quarters as this type of issue is very sensitive in single family neighborhoods because it increases the house size and the number of people going into that house. Ken Fong, 1801 S. Grand Avenue, attorney and friend of Ms. Tran, added that the plumbing has been capped, and requested on behalf of the Tran family, that the interior partitions be allowed to remain, upon determination of the Building Department. Mr. Fong stated he feels the addition is under $10,000. Chairman Bruesch stated that the Board is very cautious in dealing with these types of cases to avoid setting an illegal precedent. Ms. Tran stated that her parents bought the home with the intention of retiring there and having their children stay in that room whenever they visit. MOTION BY BOARDMEMBER CLARK, SECOND BY BOARDMEMBER IMPERIAL that the Board ordered that the Building Department arrange an interior inspection of the storage area to determine the valuation of the interior walls. If the valuation is less than $10,000, the walls will be allowed to remain by obtaining proper permits for inspection; if over $10,000, order removal of the interior partitions or construction of a two-car garage as required by code. The Board confirms the Building Official's findings of substandard property and ordered: That the Building Department arrange inspection of the interior of the storage area to determine complaince within thirty days. The Board further ordered that the substandard conditions be removed and/or corrected by December 1, 1998. Vote resulted: Aye: Clark, Bruesch, Imperial, Taylor No: None Absent: None Abstain: Vasquez The Chairman declared said motion duly carried and so ordered B. 4552 SULTANA AVENUE (RE-HEARING) The owners were not present. MOTION BY BOARDMEMBER IMPERIAL, SECOND BY BOARDMEMBER CLARK that the Board find the property substandard and order all substandard conditions removed and/or corrected by November 2, 1998. However, if permits and approvals are obtained, and sufficient progress is achieved by November 2, 1998, the abatement date may be extended to December 1, 1998. Vote resulted: REHAa:9-2298 Page d3 Aye: Vasquez, Clark, Bruesch, Imperial, Taylor No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. Chairman Bruesch asked if the order to evict the tenant has been carried out. Steve Bailey, Deputy Building Official, responded that he contacted the new owners today and the tenant vacated the premises last week. HI. STATUS REPORTS A. SUBSTANDARD BUILDINGS AND PROPERTIES No action required on this item. B. BUILDING REHABILITATION APPEALS BOARD No action required on this item. C. CITY PROSECUTING ATTORNEY REFERRAL UPDATE No action required on this item. IV. MATTERS FROM OFFICIALS - None V. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 7:15 p.m. The next regular meeting is scheduled for October 27, 1998, at 7:00 p.m. Respectfully submitted: APPROVED: Board Secretary CHAIRMAN REHAB:9-22-98 Page C4