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Council overturns Planning Commission decision to allow homeowners to keep non-conforming driveway

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Despite a staff recommendation to the contrary, a majority of the La Cañada Flintridge City Council on Tuesday overturned a Planning Commission ruling, agreeing with the owners of a home undergoing extensive renovations that they should be allowed to keep their existing, non-conforming driveway.

Harmeet and Dilmit Singh, who are adding a second story to their home in the 4300 block of Chevy Chase Drive, sought a variance to retain and expand their semicircular driveway, originally constructed on their 75-foot-wide lot before they purchased the property and prior to current standards, which require 100-foot minimum widths for such driveways.

Because their house remodel involves the removal of more than 30% of the previously existing roof and floor area, it is considered a new single-family residence and thus triggers conformance to the latest city zoning code requirements. The couple added a garage to the property as required, and that meant also adding more paving to the hardscape in order to access the new garage.

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City planner Chris Gjolme, in making his report to the City Council, acknowledged that the Singhs’ request for a variance was not especially troubling, as the addition of the garage had caused the expanded driveway. “There is really no way around that reality,” he said. He noted that four properties immediately north of the Singhs’ home also have legal non-conforming driveways. His report further noted that granting a variance “would not upset the scale and character of the surrounding neighborhood.”

But the Planning Commission, in adherence to current city rules, denied the couple’s request. Gjolme said that in light of the city’s goals of eliminating “non-conformities,” the staff ultimately recommended the City Council uphold the commission’s decision.

Dilmit Singh attend Tuesday’s meeting, where she said she is proactive toward taking safety measures. She noted the heavy traffic on her street and the fact that several other properties also have circular drives, presumably for safety reasons. “We want to maintain what we have,” Singh said. “I’m just really appealing to you.”

After some discussion, a 4-1 vote overturned the commission’s ruling.

Councilwoman Terry Walker, who cast the lone dissenting vote, called the issue a “tough one.” Like others on the council, Walker is a former planning commissioner who said requests for variances must be considered “very carefully” and that granting one in the Singhs’ case would be contrary to the objectives of the city’s general plan.

City staff, including City Manager Mark Alexander and Public Works Director Edward Hitti, expressed frustration with the council’s vote, as some questions lingered as to when non-conforming properties could be brought into line with current codes.

“This is worthy of additional discussion,” Alexander told the council.

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Carol Cormaci, carol.cormaci@latimes.com

Twitter: @CarolCormaci

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