Cities Index.
6. Appeal Paperwork

San Marino City Council
July 10, 2024

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6. Appeal Paperwork
Meeting
July 10, 2024
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San Marino City Council
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Text extracted from the city's file for reading and search. Open the original on cityofsanmarino.primegov.com. That file is the official record.

City of San Marino PLANNING
2200 Huntington Drive
San Marino, CA 91108 COMMISSION APPEAL
(626) 300-0711
Appeal Fee $805.00
(non-refundable)
The City Council will conduct the meeting in accordance with City Code Section 23.07.09, Appeals. The City Council reserves to right to limit the time frame for public comments. The appellant and the applicant to the project will be provided with an equal amount of time of 10 minutes to present before the City Council. The 10 minute time frame is inclusive of all members of the appellant or applicant. All other members of the public will be provided an amount of time designated by the Mayor, typically 3 minutes.

TO THE CITY COUNCIL OF THE CITY OF SAN MARINO:

Date of Planning Commission Meeting 11/21/2023
Date of Appeal (within 15 days) 12/05/2023
Resolution of Findings No. (1)-approval of the project
Appeal by Ming Chung Cheng and Rebecca Hu (1406 Wilson Ave); Kenneth and Beatrice Li (1410 Wilson); and Shirley Jagels (1404 Wilson Ave)
(Name)
Regarding: 21-25 and 21-73 at 1408 Wilson Avenue
(Case No.) (Address)
The undersigned hereby appeals the decision of the Planning Commission, referenced above, and based on the following grounds: (state reasons why you think the City Council should render a different decision than that rendered by the Planning Commission. Attach additional pages if necessary.). The narrative statement and nine (9) sets of drawings (if applicable) are due at the time the appeal is filed.

See attached.

We the undersigned reserve the right to add additional arguments and/or details following the appeal filing.

Dated: 12/05/2023 DE GE I V Ming chung Cheng
I DEC. Appellant Name
- 5 2023
Sculus By Сам g Chung Chong
Appellant Address

SIHRLEY MAGERS
1404 WILSON 1406 WILSON AVE
SAN MARINO CA 41/08
City of San Marino PLANNING
2200 Huntington Drive
San Marino, CA 91108 COMMISSION APPEAL
(626) 300-0711
Appeal Fee $905.00
(non-refundable)
The City Council will conduct the meeting in accordance with City Code Section 23.07.09, Appeals. The City bunch reserves to rignt to himit the time irame for public comments. The appellant and the applicant to th roject will be provided with an equal amount of time of 10 minutes to present before the City Council. Th 10 minute time frame is inclusive of all members of the appellant or applicant. All other members of the public will be provided an amount of time designated by the Mayor, typically 3 minutes.

TO THE CITY COUNCIL OF THE CITY OF SAN MARINO:

Date of Planning Commission Meeting , 2023
Date of Appeal (within 15 days) , 2023
Resolution of Findings No.

Kenneth Li and Beatrice Li
Appeal by
(Name)
21-25, 21-73 2
Regarding: at 408 Wilson Avenue
(Case No.) (Address)
The undersigned hereby appeals the decision of the Planning Commission, referenced above, and based on the following grounds: (state reasons why you think the City Council should render a different decision than that rendered by the Planning Commission. Attach additional pages if necessary.). The narrative statement and nine (9) sets of drawings (if applicable) are due at the time the appeal is filed.

I am appealing the Planning Commission decision in re the referenced property in that I did not receive notification of the said Planning Commission whereby I was deprived of an opportunity to be heard on my objections to various proposals relating to the subject construction project. (continue on attached page)
Dated: Decembe 3, 2003
Appellant Name
EIV Kenneth Li
1410 Wilson Are, Sanmmin
DEC 0 5 2023 Appellant Address
By
Ming Chung Cheng and Rebecca Hu 1406 Wilson Ave

DECEIVE
Kenneth and Beatrice Li 1410 Wilson Ave
Shirley Jagels 1404 Wilson Ave DEC. 052023
San Marino, CA 91108
RE: DRC 21-25 Friday, December 1, 2023
21-73
Dear Mayor Talt, Vice Mayor Huang, Councilman Chou, Councilman Lo and Councilwoman Shepherd Romey:

We the undersigned are the property owners of 1406 Wilson Ave, 1410 Wilson Ave and 1404 Wilson Ave respectively. Collectively we are the owners of the properties immediately adjacent to the subject property: 1408 Wilson Ave, whose developer-owner Stephen Goei has been applying for approval to add square footage to and make considerable changes to the home. The then-chairwoman of the Design Review Committee, Christa Lakon, voted to deny the project on October 19, 2022. Following this decision we the undersigned neighbors appealed to the Planning Commission, which voted to continue the project on a 3-2 vote in January 2023 against the wishes of the then- chairman, Howard Brody. In October 2023 the Planning Commission voted to approve the project, by which time neither 1406 nor 1410 Wilson received the legally-required notice from the city regarding the hearing. Therefore, we were unable to attend the hearing. In November 2023 the Planning Commission voted to approve the minutes of the previous meeting, and we the undersigned were advised to appeal to the City Council.

Therefore, we appeal the decision of the Planning Commission for the following reasons:
1) Addition of enclosed living space on the west side of the property will protrude and extend from the existing footprint of the house and will directly be blocking the view out of our house at 1406 Wilson significantly. Such addition will adversely affect our access to light, air, openness and ambiance on that side of our home. 2) Further, permitting the enclosure of the existing covered patio on the west side of the subject property and allowing a new covered patio to be constructed out from the east side of that property will thereby cause the same consequence to our house at 1410 Wilson. Likewise, we will adversely and significantly be affected and deprived to our right and access to light, air, openness and ambiance on that side of our home.

Additionally, to allow the addition of the structures out from the existing footprint of the subject property will directly reduce the space between the subject main house and its garage which is quite restricted as it already is. With each motor vehicle coming into the garage through the very narrow driveway which is all but five feet from the neighboring house on the east side, there is much noise, vibration and exhaust fume. To have each car be turning around and going back out each time is just as much of a nuisance we have to live with. To now have this restricted space further reduced by virtue of the permitted addition will further aggravate the bad situation and increase our hardship having to deal with this nuisance on a daily basis.
3) The proposed addition to the rear of the home will disturb the root system of the native California Oak tree on the adjacent property at 1406 Wilson Ave, and will likely cause its demise. Mr. Goei has failed to adequately address our concern or agree to remedial measure should that scenario comes about.
4) The proposed addition to the two-car garage appears to be a masquerade for adding a third car space to the garage; thereby increasing air pollution and noise for the neighbors.

This has been objected to by us before and at present, there is no assurance that this will not be happening.
5) All the proposed additions will be a significant detriment to the air quality, noise and unobstructed view of each of the neighboring properties. 6) Mr. Goei, an absentee owner, appears to be in the business of develop and flipping houses for a profit. His concerns are not the same as or even adverse to our concerns as neighboring homeowners of the subject property. We do collectively feel that Mr. Goei, by erecting the additions to 1408 Wilson, will adversely and significantly affect the status quo and the enjoyment of our homes as neighbors which is our vested rights. 7) Despite continued pleas by both the Design Review Committee and the Planning Committee, Mr. Goei has failed to communicate with us regarding his plans to make them more amenable to his neighbors' concerns. We feel railroaded by him and the City personnel on our rights to the enjoyment of our homes.
8) There could be a failure of due process in this planning commision proceeding, as neither adjacent neighbor received notice of the hearing, and we were therefore unable to attend.

We the undersigned reserve the right to henceforth add additional arguments and amend those we have already presented. We respectfully ask that the City Council uphold the appeal and the rights of the neighbors whose property rights are under significant threat due to the approval of the project at 1408 Wilson.

Respectfully,
1406 Wilson Ave
Kenneth and Beatrice Li
1410 Wilson Ave
Dec 1, 2023
DRC 2125 $ 21-73
* Shirley Jagels Sebe 19142023
1404 Wilson Ave
DES 1, 2023
DRC 21-25 €
21-73

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