Resolution No. 7004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.7004
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A VARIANCE TO
AARON MAGIDOW AND NEIL TORIELLO FROM
SECTION 26.4.2-8, DEVELOPMENT STANDARDS,
OF THE COMPREHENSIVE ZONING ORDINANCE,
FOR THE PROPERTY LOCATED AT 4820 EVERETT
AVENUE IN THE CITY OF VERNON
WHEREAS, Aaron Magidow and Neil Toriello own the
property located at 4820 Everett Avenue in the City of Vernon and
have requested a variance from Section 26.4.2-8, Development
Standards, of the Comprehensive Zoning Ordinance; and
WHEREAS, the building is unique in that the existing
building measures approximately 16,000 square feet and has five
non-conforming truck loading spaces measuring 10.0 feet in width
and 41.3 feet in length; and
WHEREAS, Zoning Ordinance Section 26.4.2-7 (b) requires
two truck loading spaces for buildings with a gross floor area
between 8,001 and 25,000 square feet in size; and
WHEREAS, Zoning Ordinance Section 26.4.2-8 (c) specifies
that each truck loading space shall be a minimum of 10 feet wide,
and 65 feet long, and Section 26.4.6~4 (c) provides that a non-
conforming building must comply with these standards within 5
years of April 18, 1989 unless a variance is granted; and
WHEREAS, there is insufficient space on the property
and the application of the development standards for the truck
loading space requirements will create an unreasonable hardship
by requiring the non-conforming spaces to be 10 feet wide
and 65 feet long; and
WHEREAS, Aaron Magidow and Neil Toriello have indicated
. ~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
~
that they have no plans to expand or alter the building
configuration and that the existing truck loading spaces are
sufficient for the intended use; and
WHEREAS, 4820 Everett Avenue is located in the M zone
and the operation is consistent with the objectives of the General
Plan and Zoning Ordinance; and
WHEREAS, strict application of the loading area
requirements of Section 26.4 of the Vernon City Code would create
an unreasonable hardship, the existing use does not and will not
adversely affect the surrounding area, and the use does not
require the loading area specified by Section 26.4; and
WHEREAS, the City Council has received an Engineer'S
Report dated August 6, 1997, upon which it has relied in making
the foregoing recitals; and
WHEREAS, the City Council of the City of Vernon held a
hearing on said application for a variance on August 19,1997.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained herein-
above are true and correct.
SECTION 2: A variance from Section 26.4.2-8 of the
Comprehensive Zoning Ordinance, requiring all truck loading spaces
to be 10 feet wide by 65 feet long, is hereby granted for the
parcel of property at 4820 Everett Avenue.
SECTION 3: The variance shall be granted subject to
the following conditions:
(a) The usage of the five non-conforming truck loading
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
spaces shall be limited so that no truck parked at or using the
loading docks shall extend into the existing street right-of-way
as shown on the Master Plan of Streets, dated June 16, 1992.
(b) All existing and future tenants shall be notified
of this restriction and a condition stating this shall be placed
in all future leases.
SECTION 4: Noncompliance with these conditions shall
constitute sufficient grounds for the City Council of the City
of Vernon to void this variance and require the application of
Zoning Ordinance Section 26.4.2-8 and the authorized truck loading
space requirement.
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this Resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 19th day of August, 1997
~' '
~~ .,
E()NIS C. ~r
AT/r
BRUCE V. MALKENHORST, City Clerk
3
.. < ~,.... .
."" ...
... ..... ..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No.7004 was duly adopted by the City Council of
the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, August 19, 1997 and thereafter was duly signed
by the Mayor of the City of Vernon.
ss
Clerk
(SEAL)
4
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tern
Wm. "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
CounciIman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
City Council
City of Vernon
Honorable Members:
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH]. DeDARIO
Director of Ught & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
CITY HALL
4305 SANTA FE AVENUE, VERNON, CAUFORNIA 90058
TELEPHONE (213) 583-8811
August 12, 1997
Aaron Magidow and Neil Toriello have submitted an application
requesting a Variance from the Comprehensive Zoning Ordinance, Section
26.4.2-8, Development Standards, for the building located at 4820
Everett Avenue. The building has five non-conforming truck loading
spaces measuring 10.0 feet in width and 41.3 feet in length. They are
proposing to use only vehicles of a smaller length at the non-
conforming truck loading spaces. Transmitted herewith is the
following evidence:
1. Application for Variance;
2. Affidavits of posting and mailing;
3. Notice of public hearing;
4. Engineer'S report.
It is recommended that the Variance be granted subject to the
following conditions:
a. The usage of the five (5) non-conforming truck loading
space shall be limited so that any truck parked at, or
using, the loading docks does not extend into the
existing street right-of-way as shown on the Master
Plan of Streets, dated June 16, 1992.
b. All existing and future tenants shall be notified of
this restriction and a condition stating this shall be
placed in all future leases.
V;rtrulY 7AA"'~
BVM/mm
*
Bruce V. Malkenhorst
City Clerk
/.
TO:
/
~ August 11, 1997
V Bruce V. Malkenhorst, City Administrator
514.;
Samuel "Kevin" Wilsort, birector of Community
Services & Water
FROM:
..
SUBJECT: Variance - Aaron Magidow and Neil Toriello @ 4820 Everett
Avenue
Aaron Magidow and Neil Toriello have submitted a variance
application. They are requesting a variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8 Development
Standards, for the building located at 4820 Everett Avenue. The
building has five non-conforming truck loading spaces measuring
10.0 feet in width and 41.3 feet in length. They are proposing to
use only vehicles of a smaller length at the non-conforming truck
loading spaces.
Herewith is the following evidence:
1. Application for variance.
2. Affidavits of posting and mailing.
3. Notice of public hearing.
4. Engineer'S report.
It is recommended that the variance be be granted subject to
the following conditions:
(a) The usage of the five non-conforming truck loading spaces
shall be limited so that no truck parked at or using the loading
docks shall extend into the existing street right-of-way as shown
on the Master Plan of Streets, dated June 16, 1992.
(b) All existing and future tenants shall be notified of this
restriction and a condition stating this shall be placed in all
future leases.
MFR: reg
Attachments
Page 1 of 4
APPLICATION FOR VARIANCE
MAY19'9?H777A0626 14~54 ~r1i:>r~lf 500=00
Application is hereby made to the City of Vernon, petitioning for a variance for
the following described property:
Leqal description (give exact legal description) :
The existing dock positions are not li5 feet from property line. ,
General location (give street address) :
4820 Everett Avenue. Vernon, CA 90058
Name of Applicant(s):
Aaron Magidow
(print or type name of business)
6014 S. Eastern Avenue. U 10R, Commerce. eJA 90040
Phone No. 7.1 3/ 5AA-1 234
Mailing address
Record Owner(s) of property: Name
Aaron Magidow
, Mailing address
5014 S. Eastern Avenue, U 105. r:ommerce. 8A 90040
Phone No. 213/ 5AA-1 234
Property Owner(s} representative: Name
Mailing address 6014 S. Eastern Avenue, U 1 05, Commerce, CA 90040
Aaron Magidow
Phone No. 21 3/ 5f1A-1 234
relationship to owner(s) (engineer, contractor, attorney, purchaser,
lessor)
Broker
Approved:
Written consent of owner(s) must be
attached.
A. Magidow
Present use of property: Meat ~istribution
Proposed use of property: Meat ~istribution
Present Zoning:
VEM
How long has owner held title to this property?
Unknown
described
L.A. Junction R.R. Spur
Expiration date
~
Unknown
Are there any easements controlling the use of this property? No
Are there any private or deed restrictions controlling use of this property?
~ Yes, describe
Page 2 of 4
Variance applied for (described in detail the nature and purpose of
this request for which the premises are to be used) attach additional
sheet(s) if necessary:
Moving the dock position to meet a ti5 foot distance will not allow occupancy of the Premises.
Due to the intensive existing cold storage refrigeration system. the Premises cannot be
adequately modified to address the 65 foot set-back.
NOTICE TO APPLICANT: In the variance procedure it shall be shown that
the following five (5) conditions exist in reference to the property
being considered. The applicant should answer the following
statements. If you have difficulty finding reasonable answers to the
statements contained in this application it may be an indication that
your request has insufficient factors to justify approval. (Attach
additional sheet(s) if necessary.
(1) That special conditions and circumstances exist which are peculiar
to the land, structure, or building involved and which are not
generally applicable to other lands, structures, or buildings in the
same vicinity and zone:
The layout of the existing building cannot afford the recessing of the dock to meet the 55 foot
distance from the proper~y line. Should the dock be recessed. the building will lose stagging/
load area, and will cut into the subject site U.S.O.A. meat processing area/room. Thus. if the
occupancy loses any of the U.8.0.A. processing/cold storage area. occupancy will not be obtainable.
(2) That literal interpretation of the provisions of this ordinance
would deprive the applicant of rights commonly enjoyed by other
propertied in the same vicinity and zone in which the property is
located, under the terms of this Chapter.
The Premises would not be an adequate occupancy for any known food processing/distribution
occupant.
..
Page 3 of 4
(3) That the special conditions and circumstances do not result from,
actions of the applicant:
Due to the fact that 49th Street has very low traffic, traffic will not be impeded by the passing
of this variable. When the subject site was built, it was built under the "then" current building
codes. Please note that any occupant will do their best to detach their trucks from their trailers
as soon as possible during loading/unloading.
(4) That granting the variance requested will not confer on the
applicant any special privilege that is denied by this Chapter to other
lands, structures, or buildings in the same vicinity and zone in which
the property is located:
The tenant win make its best effort to keep all trucks while in a loading/unloading position
from impeding traffic on 49th Street.
(5) That the granting of such variance will be in harmony and not
adversely affect the Comprehensive General Plan:
Due to the fact that 49th Street has very low traffic, the granting of this variance will not
adversely affect the harmony of Vernon's tr,affic condition.
NOTE:
Non-conforming use of neighboring lands, structures, or buildings shall
not be considered grounds for the issuance of a variance.
Are the required site and design plot plans showing the area covered in
the legal description and all existing and proposed improvements
attached? No/Yes
Are the required three (3) area maps attached? NO~
Page 4 of 4
Is there 'a certified list attached of names and mailing addresses of
all property owners within 300' of the exterior boundaries of the
property in this application? NO/~
Is the required fee enclosed? No~
Make check or money order payable t~~ City of Vernon.
of perjury that to the best of my knowledge and
true, complete, and accurate.
Signed:
pr
Date
representative
~/F --f/
r. Street City
Key # Book Page P a rce 1 Owner Address State/Zip
L.A. , CA
6304 23 5 BRM Investment Co. P.O. Box 1311 90053
Mlnneapolls
6304 23 10 General Mills, Inc. P.O. Box 1113 MN, 55440
Honolulu
6304 23 12 U. S. Cold Storage 3140 ValenaStreet HH' 96819
ganta Fe CA
6304 23 19 11947 Florence Ayenue prlngs,
Everett Properties 90670
6304 23 .800 L.A. Junction RR
6304 25 2 Joe & Laura Sanchez 4722 Everett Avenue Vernon 9005
6~04 25 3 Joe & Laura Sanchez 4722 Everett Avenue Vernon 9005
6304 25 4 Joe & Laura Sanchez .4722 Everett Avenue Vernon 9005
6304 25 6 A & M Realty Co. 4371 East 49th Street Vernon 9005
6~04 25 7 Ricardo Alcedo 4820 Everett Court Vernon 9005
6304 25 8 Ricardo Alcedo 4820 Everett Court Vernon 9005
6304 26 9 Marcia Fogel 4423 Fruitland Avenue Vernon 9005
Los Angeles,
6304 26 10 Ben Friend 10717 Wilshire Boulevard CA 90024
Los Angeles,
6304 26 11 Daniel Fessonden 4455 Fruitland Avenue CA 90058
Los Angeles,
F.1()L.. 2n 17 H.<lrri.,t- R.,l.<l"'{"{"\ 10490 Wilshire Boulevard CA 90058
Newport Beac
6304 26 18 Dale Kellog 28 Balboa Avenue CA 92663
..-.
I
I
PROPERTY OWNERS LIST
4820 Everett Avenue, Vernon, California
(Appl'icants Addres~)
Page
1
of
8
8
8
8
8
8
8
h,
PROPERTY OWNERS LIST STATEMENT
*********************************************************************
The undersigned has duly prepared the attached "Property Owners List".
This list includes all of the names, and respective addresses, of
persons being owners of property any part of which is within 300 feet
of the outer boundaries of the property in subject zoning case. This
information is to be obtained from the latest available Los Angles
County Tax Assessment Roll. JV1
This list was prepared on IIIA-V)~ 1 Q'\2- 4from the
-" ~ - ,,/, J\.^" .)1 U ' ,,\,
Tax Roll maintained at I\CJY'-~ ~ ~
(name an~.: locati~91,office)
-:Ih-<<~ I r.L~u. rrrl, t-L,
It is understood that the ~~~~~~ and completeness of this list is the
responsibility of the apPI~'J
Signed: ~ 2
list}
'and
do tV
the person that executed the within
91, before me the
County and State,
On this I h -u.
undersigned a Notary
personally appeared
known to me, or proven
instrument.
WITNESS my hand and official seal. .
~ x: -41~
Notary Public in and for said County and State
My commission expires:
,~ - - - - :::;.:.- -,
i ~ CommiIIIon#__ ~
~ _ Notary",**-~ n A !
j-~~~.:;~~~~l
Signed:
-
.. 'Q
1:'! ~
... "I
~ ~ ~
". "
c: ~<9 ~ ...
.... "
...
}. !I.
!' ~
...
~ ~ =l
!l. ...
... ...
r-
r-
... w
a:: ~
.'~a~7 W
>
~~ @) w ~
>0 '"
...
.'41.97 :\1~
.,. 'j'
~ 49T9TH
~ " I~I.U ..p.
\II 0) .~ ... A:4~"?~K
~ ~ -
~ ~ ... 0'" GO ISI:
h.
.' ...
.<>@ 92
@ 40. ... i;;; ~
40. Ow
1"
>
<(
~ ~ ~
f1"J ~ ... @ ~ ~
~
H 't /..so:t ..Ic. @
21!.! .'4 ~ "-
~ 144" 1-' ~ 94
f"RU ITLAND r-'~ @
wile a99Ac.. lS,rk
1= - a: ~
87 Iq w ~ 98
~ >
~ ~ W
a4G.AC.
S7 GIJ
~ 150
.,
", f"RUITLAND
Ul.:> I r\1\.J I
LJ.....
~
~
. .
A# .~.:"'~:"'I$.H'
.*4"'" ~~
.'t:::/;2 I
/:5
'" l:)
'" ~ .tl- 6> ~~ :O~ e Ii;
(.> ...~ ~..... ...
(,) ... <>> e t'" l.,
},.'
!' S.)
... .
ISS W
>
.... <(
\>
F.;-Y; :.4
~:.$2
~.~S:9i
~!~ G~.a,
~.t..
f
tt ---
~ ......-~"'{""(
, "'~t:."t:.~
_131
"j" 1€'2.$8
G\
'll
::
69 0
a7c.4c.
'"
~ (),SC A(
7:
2C3,iiS
I7!JS
III GrJrI5'1lI. ,'9,
68@
'9528 tU8A<:.
67 lJ)
IS/2f3IAt:.
@
@
74
UIAc.
:: I-
~ ~
~
a::
w
>
Wl I~<;
.;
.~ 'S
y ...
~I ~
J~
C22Ac. 66 0
I 29
'"
III
65 *- ~
aSGZAc. @ ~
.,
/8v.za ..
72
64
Po"
....
C\
"I
ISG.
/5
~ .3l11
~ ~ I
;.... ~ I
37
~.s: 8-' .S/I. S,
~
~ 96 ~
... ...
~ @ 't"- @
... ~~ "-
0.6"8 :!'Ac. 95 ~
aHAc..
-------
~ I
.... ~
.....
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF VERNON
I, Mary Rutz, Engineering Associate of the City of
Vernon, do hereby certify that I did, on the 30th day of
July, 1997 at 3:15 p.m. post three (3) copies of:
NOTICE OF PUBLIC HEARING to be held 8/19/97 (see
attached copy) regarding a variance application for
AARON MAGIDOW AND NEIL TORIELLO to allow the use of five
non-conforming truck loading spaces at 4820 Everett
Avenue.
One in each of the following places to wit: At the
northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Boulevard and Pacific Boulevard;
and on the bulletin board in the lobby of the City Hall of
the City of Vernon, located at 4305 Santa Fe Avenue, all in
said City, there being no newspaper of general circulation
printed and published in the City of Vernon.
Date: 8-JI-q7 ~)e~
Mary R~Z, En~eering Associate
State of California
ss.
County of Los Angeles
On ~~c..,-\- \ \, \qq,/ before me,
Yvw-\-'0oJ S. V;~\.K\G\
.
Notary Public, personally appeared Mary Rutz,
personally known to me (or known to me on the basis of
satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me
that she executed the same in his authorized capacity, and
that by her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the
instrument.
~ MARTHA S. VALENZI.lEl.A
- Commission #I 1098533
. Notay Public - CaIItoInIa
Los Angeles COUlty
My Comm. Expires May 23.211)
AFFIDAVIT OF MAILING
I, Rose Gonzales, declare as follows:
1. That I am employed in the Community Services Department
in the position of Secretary.
2. That on July 30, 1997 I mailed a copy of: NOTICE OF
SCHEDULING OF A PUBLIC HEARING to be held August 19, 1997 regarding
a variance application for 4820 Everett Avenue along with a cover
letter to the property owners and interested parties on the attached
lists, by depositing said
copies in the
/)
i,
/WJe
United States Mail, with
postage fully prepaid.
BRM'Investment Company'
P.O.. . Box 1311
'Los Angeles, Ca90053
Joe & Laura Sanchez
4722 Everett Avenue
Vernon, Ca 90058
Ricardo Alcedo
,4820 Everett Court
Vernon, Ca 90058
Harriet Belasco
10490 Wilshire Blvd.
Los Angeles, Ca 90024
General Mills, Inc.
P.O. Box: 1113
Minneapolis, MN 55440
A & M Realty Co.
4371 E. 49th Street
Vernon, Ca 90058
Marcia Fogel
4423 Fruitland Avenue
Vernon, Ca 90058
Dale Kellog
28 Balboa Avenue
Newport Beach, Ca 92663
u.S. Cold Storage
3140 Valena Street
Honolulu, HW 96819
Everett Properties
11947 Florence Avenue
Santa Fe Springs, Ca 90670
Ben Friend
10717 Wilshire Blvd.
Los Angeles, Ca 90024
Daniel Fessonden
4455 Fruitland Avenue
Vernon, Ca 90058
Dolores Petullo
Chamber of Commerce
. 3801 Santa Fe Avenue
Vernon, Ca 90058
Robert J. Niccum
L.A. Unified School District
1425 S. San Pedro Street, Rm. 101
Los Angeles, Ca 90015
Joseph R. Garruba
California Portland Cement Co.
2025 E. Financial Way
Glendora, Ca 91740
John Kinas
United States Aluminum
3663 Bandini Blvd.
Vernon, Ca 90023
Ron Matik
33292 Pleasant Oak Drive
Springville, Ca 93265
Ellen Orlando
Karen Lehrer
2300 E. 11 th Street
Los Angeles, Ca 90021
Brent P. Chappell
Catellus Development Corp.
1065 N. Pacificenter Dr., Ste. 200
Anaheim, Ca 92806
Gloria Molina
Board of Supervisors
500 W. Temple Street, Ste. 856
Los Angeles, Ca 90012
Dave Karrker
California Water Service
5243 E. Shelia Street
Commerce, Ca 90022
J.J. Little
J.J. Little Company, Inc.
3700 Santa Fe Avenue
Vernon, Ca 90058
L.R. Luppen
Metal Products Engineering
3050 Leonis Blvd.
Vernon, Ca 90058
David Nazaryk
Catellus Development Corp.
1065 N. Pacificenter Drive, Ste.200
Anaheim, Ca 92806
Connie M. Carrasco, President
Chem-Tech Systems, Inc.
3650 East 26th Street
Vernon, Ca 90023
James H. Hilands
Heger Realty Corporation
5657 Washington Blvd.
Los Angeles, Ca 90040
Mothers of East L.A.
Mother Ms. Gutierrez
924 S. Mott Street
Los Angeles, Ca 90023
Nathan Smooke
P.O. Box 1311
Los Angeles, Ca 90053
Sidney R. Title
Market Properties, Inc.
5245 Pacific Concourse, Ste. 190
Los Angeles, Ca 90045
H.P. Long
Sweetner Products
2050 E. 38th Street
Vernon, Ca 90058
Louis Chertkow
Elkay Plastics Company, Inc.
P.O. Box 23008
Vernon, Ca 90023
E.J. Contreras
Owens-Brockway
2901 Fruitland Avenue
Vernon, Ca 90058
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(213) 583.8811
NOTICE OF A PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you
may attend.
Place:
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time:
Tuesday, August 19, 1997 at 5:00 p.m.
Applicant:
Aaron Magidow and Neil Toriello
The purpose of the hearing is to obtain testimony from
affected and/or interested persons regarding this application. The
public is also invited to submit written comments regarding the
request prior to the Hearing.
Request: Grant a variance to allow the tenant" to
utilize five non-conforming truck loading
spaces.
Property involved: 4820 Everett Avenue, Vernon, Ca 90058
Review of the file: The application, maps and supporting
information is available in the Department
of Community Services Office, Vernon City
. Hall, 4305 Santa Fe Avenue, between the
hours of 7:15 a.m. and 5:15 p.m. Monday
through Thursday.
If you challenge the granting of this variance or any
provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described in
this notice or in written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
Bruce V. Malkenhorst
City Administrator/City Clerk
~@
-
,~
ENGINEER'S REPORT
AARON MAGIDOW AND NEIL TORIELLO
4820 EVERETT AVENUE
VARIANCE APPLICATION
AUGUST 6, 1997
Aaron Magidow and Neil Toriello have requested a variance
from the Comprehensive Zoning Ordinance Section 26.4.2-8,
Development Standards, for the property located at 4820 Everett
Avenue in the City of Vernon. The building that they own was
constructed with five non-conforming truck loading spaces
measuring 10.0 feet in width and 41.3 feet in length. They have
stated that only vehicles of smaller lengths will be used at the
non-conforming truck loading spaces. The building is used for
meat processing and is approximately 16,000 square feet in size.
Section 26.4.2-7 (b) requires two truck loading spaces for
buildings with a gross floor area between 8,001 and 25,000 square
feet in size. Section 26.4.2-8 (c) of the Comprehensive Zoning
Ordinance specifies that each loading space shall be a minimum of
10 feet wide and 65 feet long and Section 26.4.6-4 (c) provides
that a non-conforming building must comply with these standards
within five years of April 18, 1989 unless a variance is granted.
Aaron Magidow and Neil Toriello have indicated that
requiring the non-conforming truck loading spaces to be 65 feet
long by 10 feet wide would be a hardship. They have indicated
that they have no plans for expansion or alteration of the
,
~
..
,.
building configuration. The operation is in conformance with the
Zoning Ordinance and General Plan. Therefore, it is recommended
that the variance be granted with the following conditions:
(a) The usage of the five non-conforming truck loading
spaces shall be limited so that no truck parked at or using the
loading docks shall extend into the existing street right-of-way
as shown on the Master Plan of Streets, dated June 16, 1992.
(b) All existing and future tenants shall be notified of
this restriction and a condition stating this shall be placed in
all future leases.
'p'
~, 10di
e/
NOTICE OF A PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you
may attend.
Place:
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time:
Tuesday, August 19, 1997 at 5:00 p.m.
Applicant:
Aaron Magidow and Neil Toriello
The purpose of the hearing is to obtain testimony from
affected and/or interested persons regarding this application. The
public is also invited to submit written comments regarding the
request prior to the Hearing.
Request: Grant a variance to allow the tenant to
utilize five non-conforming truck loading
spaces.
Property involved: 4820 Everett Avenue, Vernon, Ca 90058
Review of the file: The application, maps and supporting
information is available in the Department
of Community Services Office, Vernon City
. Hall, 4305 Santa Fe Avenue, between the
hours of 7:15 a.m. and 5:15 p.m. Monday
through Thursday.
If you challenge the granting of this variance or any
provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described in
this notice or in written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
/L- /~
Bruce V. Malkenhorst
City Administrator/City Clerk
,_r_ ..
c/
July 29, 1997
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson~irector of Community
Services & Water
SUBJECT: Variance - Aaron Magidow and Neil Toriello @ 4820 Everett
Avenue
Aaron Magidow and Neil Toriello have submitted a complete
application for a variance. They are requesting a variance from
the Comprehens i ve Zoning Ordinance, Sect ion 26.4. 2 - 8, and are
proposing to utilize five non-conforming truck loading spaces. It
is recommended that you receive the application and that a public
hearing be set for August 19, 1997.
MFR: reg
Attachment