Christensen v. Thurber

SCOTT (Robert H.), J. pro tem.

Plaintiffs appeal from an adverse judgment in an action brought by them seeking to enjoin defendants from constructing a building in alleged violation of an ordinance of the city of Sierra Madre.

Plaintiffs own homes on Manzanita Avenue in the city of Sierra Madre near property of defendants. The latter own a parcel of land with 150 feet frontage on Manzanita, originally consisting of Lot 30 (100 feet frontage), and one-half of Lot 29 (50 feet frontage) adjoining it. Lot 30 has a depth of 190 feet on Park Avenue and Lot 29 has an equal depth. Prior to the time of trial defendants had sold a portion of Lot 30 facing Park Avenue at the end farthest away from Manzanita Avenue. After deducting the area thus sold, defendants had 20,985 square feet of contiguous land remaining in their parcel, made up of the remaining portions of Lots 30 and one half of Lot 29. On this parcel was located the house which was the dwelling of defendants, facing on Manzanita and placed partly on Lot 29 and partly on Lot 30. At the time the complaint was filed in the case, defendants had obtained a building permit from the city and had started to erect another residence on their parcel, located at the side of the one already there, and between it and Park Avenue.

It is plaintiffs’ contention on appeal that the permit should not have been issued and that defendants’ erection of the additional house is contrary to city ordinance, is objectionable and should be precluded by court order.

It is undisputed that Ordinance 391 of the city of Sierra Madre provides in section 4, subparagraph C that: “The minimum site area shall be one lot, or seventy five hundred (7500) square feet of lot area per each dwelling.”

[519]

Plaintiffs assert that on Lot 30, considered by itself and without including the area of one-half of Lot 29 not covered by the existing structure, there is not sufficient land to provide a 7,500 square foot site, because part of it has been sold and part of it is covered by the house already built. They do not deny that the combined area remaining of the two lots exceeds 15,000 square feet.

Defendant Ruth Thurber consulted the city attorney of said city on July 16, 1951, concerning the proposed erection of the added residence and was advised by him that more than one structure could be erected on one lot provided there were 7,500 square feet of lot space for each building occupying a portion of said lot and “that if that area included more than 15,000 square feet that she could safely proceed with the building.” On September 17, 1951, said defendant showed the city attorney and the building inspector of said city a drawing which showed Lots 29 and 30 and indicated the portion of Lot 30 which had been sold and showed the remaining area of 20,935 square feet, and the city attorney then informed said defendant and the building inspector that “it was lawful to erect said building in the place indicated on the drawing as said lots 29 and 30.”