PETER AND JAMIE DUCHESNEAU 414 N. Plymouth Blvd. Los Angeles, CA 90004 [email protected] (323) 464-6209 December 14, 2015 VIA EMAIL Office of the City Clerk Attn: Sharon Dickinson Planning and Land Use Management Committee Room 395, City Hall 200 North Spring Street Los Angeles, CA 90012 [email protected] [email protected] Re Planning and Land Use Management Committee Meeting - December 15, 2015 Item (7)-No. 14-0656-S9 Opposition to Application for Hardship Exemption from Baseline Mansionization ICO No. 183497 for 408 North Plymouth Dear Hon. Committee Members: We are the next door neighbors to 408 North Plymouth Boulevard and strongly oppose the above-referenced “Hardship Exemption” application. Both the Larchmont Village Neighborhood Association and the Greater Wilshire Neighborhood Council have voted to not support the application. Attached are a copy of our August 10, 2015 letter to the PLUM Committee objecting to the application and a package of materials that provides a summary of and support for our opposition to the subject application. Please include these materials in the record. We respectfully request that the PLUM Committee deny the application and enforce the Baseline Mansionization ICO to help preser ........................ ’ you for your consideration. Attachments Office of Clerk Planning and Land Use Committee December 14, 2015 Page 2 cc (via email): The Hon. Jose Huizar The Hon. Marqueece Harris-Dawson The Hon. Gilbert A. Cedillo The Hon. Mitchell Englander The Hon. Felipe Fuentes The Hon. David E. Ryu Julia Duncan, Planning Deputy, City Council District 4 Greater Wilshire Neighborhood Council Larchmont Village Neighborhood Association PETER AND JAMIE DUCHESNEAU 414 N. Plymouth Blvd. Los Angeles, CA 90004 iamieduchesneau(S)sfacglobal.net 323-464-6209 August 10, 2015 VIA EMAIL Office of the City Clerk Planning and Land Use Management Committee Room 395, City Hall 200 North Spring Street Los Angeles, CA 90012 Re Objection to Hardship Exemption Application for 408 N. Plymouth Blvd., Los Angeles, CA Council File: 14-0656-S9 Dear Committee Members: We strongly object to the above-referenced "Hardship Exemption" application. Yesterday, we were surprised learn that the new owner(a land trust) of 408 N. Plymouth Blvd., located immediately next door to our home, has applied for a Hardship Exemption from Los Angeles City Ordinance No. 183437. As you know, the ordinance prohibits the issuance of a building permit unless the proposed structure's residential floor area does not exceed 120% of the prior or existing structure's residential floor area. In this case, the new owner - "The 408 N. Plymouth Trust, dated March 6, 2015" - proposes to demolish the existing 1,575 sq. ft., one-story 1920s-era bungalow and replace it with a massive 3,291 two-story house, more than doubling the size - nearly 210% (and 234% larger than our home). We have happily lived in our 1,407 sq. ft. home for over 16 years since purchasing it in 1999. We now have three school-aged children and intend to remain in our Larchmont-area home. As such, we were dismayed by the proposed project and previously informed the Building Department of our concern about the construction of such a monstrous house right next door. It is not only grossly out of character for the neighborhood, but will literally overshadow our home and invade our privacy hovering high against the lot line. While the proposed size of the structure would be inappropriate under any circumstance for the location, it is our understanding based upon reviewing public records that the new owner is not a family as inferred by the application, but rather a single purpose real estate trust being financed by a handful of investors, as reflected on the recorded construction deed of trust. It appears that the intention is to flip the house after constructing it. Based upon public property records, it also appears that the applicant has bought and flipped a number of other properties in the Los Angeles-area and that the Planning and Land Use Management Committee August 10, 2015 Page 3 application is misleading, For instance, the application indicates that there would be a hardship since the applicant had paid $70,000 for the A-Frame Farm House plans. Yet, the very same two individuals listed on the application, Tyler Denk and Robert Diaz, have a design-build firm, Diaz & Denk Design, and built the exact same farm house just a few blocks away at 606 N Arden Blvd, Los Angeles, See http://www.houzz.com/pro/rdiazl3/diaz-and-denk-design The property at 606 N. Arden was bought in April 2014 and sold in April 2015, with the same trustee, Tylor Denk, as for 408 N, Plymouth. See https://www.redfin.com/CA/Los-Angeles/606-N-Arden-Blvd-90004/home/709995Q Now they want to shoehorn in the same stock structure on the iot next to us. As is quite evident, the proposed house is entirely "out of scale" with our home and neighboring properties, which is the reason that Ordinance No. 183437 was adopted. The ordinance requires that an applicant prove an "extreme hardship," which has not been done. ("The City Council, by resolution, may grant an exemption from the provisions of this ordinance in cases of extreme hardship duly established to the City Council's satisfaction." Ordinance No. 183437, Sec. 5.) Moreover, as shown on the grant deed, the application is inaccurate and therefore invalid as it is not in the name of the owner of record (i.e., The 408 N. Plymouth Trust, dated March 6, 2015), but rather lists Tylor Denk, in his individual capacity, as the owner. The inability of a developer to construct a McMansion more than double the size of the existing house so that it can be flipped for a large profit does not constitute an extreme hardship under the ordinance. Nor can the ordinance be waived on account of a misinformed developer about the law. In any event, there are plenty of other alternatives for the property, including renovating the existing house, and the application fails to demonstrate a case of extreme hardship. We do not take our position lightly and pride ourselves on being good and cooperative neighbors. However, we believe that neither the Committee, nor us, has been adequately informed of the situation and that the project under any circumstance is not appropriate. We respectfully oppose the granting of the requested hardship exemption and request that we be kept apprised and given notice of any Committee and City Council proceedings concerning the subject exemption application. Thank you. cc: The Hon. David E. Ryu (via email) Objection to Hardship Exemption Application No. 14-0656-S9 Re 408 N. Plymouth Blvd. LA City Ordinance No. 183497 By Peter and Jamie Duchesneau 414 N. Plymouth Blvd. Los Angeles, CA 90004 Planning and Land Use Committee Los Angeles City Council December 15, 2015 Objection to Hardship Exemption Application No. 14-0656-S9 Re 408 N. Plymouth Blvd. LA City Ordinance No. 183497 By Peter and Jamie Duchesneau 414 N. Plymouth Blvd. Los Angeles, CA 90004 Tab 1. Summary of Objections 2. Greater Wilshire Neighborhood Council Meeting Minutes, September 9, 2015 3. Timeline 4. Emails from Tyler Denk to Peter Duchesneau, dated August 11, 2015 5. Grant Deed for 408 N. Plymouth Blvd. 6. Construction Deed of Trust 7. Denk-Related Properties 8. “Farm House” Design Locations 1 Summary Objections to Hardship Exemption Application No. 14-0656-S9 Re 408 N. Plymouth Blvd. By Peter and Jamie Duchesneau • We highly value the neighborhood and support Ordinance No. 183497. • We have long, deep roots in the Larchmont neighborhood and oppose the above- referenced hardship exemption application. We have lived at 414 N. Plymouth (next door to 408 N. Plymouth) for 16 !4 years and have three school-aged children active in the neighborhood. Jamie grew-up just a few blocks away on Gower Blvd. and Lucerne Blvd. and has relatives currently living nearby on Beachwood and Lucerne Blvds. • Both the Larchmont Village Neighborhood Association and the Greater Wilshire Neighborhood Council have voted to not support the application (see Tab 2). (The Application misrepresents that the “Larchmont Village Neighborhood council along with the greater Wilshire council had NO OBJECTIONS TO THIS HOME BEING BUILT WHATSOEVER” (sic).) • The Application does not meet the requirements for a hardship exemption, which requires an “extreme” hardship. There are many alternatives to the proposed house. Flipping a house to make a large profit does not constitute an extreme hardship. • The property was acquired over three weeks after adoption of the Ordinance. It does not meet the grandfather exception for the Ordinance (Ordinance, Sect. 4.b.) as the permit application and plans were submitted three weeks after the effective date of the Ordinance (see Tab 3). • The City Council passed Ordinance No. 183497 to limit the increase in a structure’s residential floor area (i.e., house size) to not exceed 120% (Ordinance, Sect. 3.B.). Aesthetics are not the determining factor in the ordinance. • The proposed 3291 sq. ft., two-story house is 210% larger than existing 1575 sq. ft. one-story house. • The proposed 3291 sq. ft.; two-story house is out of character for the location and will dwarf our 1407 sq. ft. one-story house by 234%. • If this exemption is approved, it will have a “dominos effect.” Next will follow the other side of our home and elsewhere on the street, etc. 1 Summary Objections to Hardship Exemption Application No. 14-0656-S9 Re 408 N. Plymouth Blvd. By Peter and Jamie Duchesneau • The proposed house is improper under any circumstance, but is especially concerning since it is an investment to be flipped after construction.