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HomeMy WebLinkAbout4667 RESOLUTION NO. 4667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA MAKING FINDINGS OF FACT AND DENY- ING A REQUEST FOR TWO INDUSTRIAL UNITS ON A SUBSTANDARD PARCEL AND DENYING MODIFICATION APPLICATION M 77-118 FOR SUBSTANDARD LOADING SPACE AND SUBSTANDARD STREET SIDE AREA LOAD- ING DOOR COVERAGE ON THE FIFTH AND SIXTH LOTS EAST OF PECK ROAD ON THE SOUTH SIDE OF LA SALLE STREET WHEREAS, a duly noticed public hearing was held August 23, 1977, by the City of Arcadia Planning Commission on a request for two industrial units on a substandard parcel and Modification Application M 77-118 for substandard loading space and substandard street side area loading door coverage on the fifth and sixth lots east of Peck Road on the south side of La Salle Street, at which time applicant Wallace Rodine and all other interested persons were given full opportunity to be heard and present evidence; and WHEREAS, after closing of aforesaid public hearing by a vote of 6 to 0 with one absent, the Planning Commission denied Modification Application M 77-118 and recommended to the City Council not to approve the request for two industrial units on a substandard 6,400 square foot lot where 15,000 square feet is required by the City of Arcadia Zoning Ordinance for the reason that no hardship by reason of surrounding development, location or configuration was demonstrated; and WHEREAS, the applican~ Wallace Rodine, appealed the decision of the Planning Commission to the Arcadia City Council and a duly noticed public hearing was held on said appeal before the City Council on September 20, 1977, at. which time all in- terested persons, including applicant, were given full opportunity to be heard and to present evidence. -1- 4667 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: SECTION I. We hereby take judicial notice of the testi- mony given during the public hearing regarding this matter as contained in the August 23, 1977 recorded minutes of the Arcadia Planning Commission. SECTION 2. That we hereby make the following findings of fact: A. That the Arcadia Zoning Code requires that each industrial site shall have a lot area of not less than 15,000 square feet, and that the applicant, Wallace Rodine,has requested that he be allowed to construct two industrial units on two lots with a combined total of 6,400 square feet with a lot width of 50 feet and lot depth of 128.4 feet, which lots have no address but which are located as shown as shaded area on the map attached hereto as Exhibit "A". I) The disparity of 8,600 square feet between that required by the Arcadia Zoning Code and that proposed by the appli- cant is too great a disparity, which if allowed, would be injurious to the health, safety and welfare of the community. 2) Alternative uses such as screened outdoor storage, motor vehicle storage, plant nursery, and stables are allowable on subject site with an approved conditional use permit. 3) The applicant does not presently own subject site, but entered into an escrow to buy the 6,400 square foot site for,industrial development with the knowledge that the City of Arcadia Zoning Code requires not less than 15,000 square feet for an industrial site and which escrow con- tained the condition that applicant need not purchase the substandard 6,400 square foot site if it was not approved. -2- 4667 4) That the August 18, 1977 letter of Morton C, Devor, addressed to the Arcadia Planning Commission, intro- duced into evidence at our public hearing and on file with the City Clerk, and the statements contained there- in are, by this reference, made a part of these findings. 5) That two sisters presently own subject site, one of which inherited the site and sold a 3/4 interest to her sister in 1965. 6) That there is no legal hardship clearly demonstrated by reason of surrounding development, location or confi- guration of subject site. 7) Subject site is not unique in that surrounding properties are as well substandard in size for industrial develop- ment, some of which are presently being used for the purposes set forth in A 2 of this Resolution. B. The Arcadia Zoning Code requires that loading space shall not be less than 10' wide and 24'11" long with adequate provision for egress and ingress and the applicant has requested a deletion of this loading space requirement by Modification M 77-118: I) That the applicant's request is in violation of the Arcadia Zoning Code. 2) That there does not exist an unreasonable hardship re- garding subject site nor would granting this modifica- tion promote uniformity of development, for the reason that subject site is not unique to surrounding parcels, is substandard in size for the proposed use and since uses specified in A 2 of this Resolution as specified may be made of subject site in conformance with the Arcadia Zoning Code, and that there is too great a dis- parity between the City's code requirements and the applicant's request. 3) That the granting of this modification would be detri- mental to the health, safety and welfare of the surround- ing properties and the City of Arcadia. -3- 4667 C. That City Council Resolution No. 3324, creating a "D" architectural design zone for subject site, provides that no more than 10% of the area of proposed loading doors of a proposed development may face the street side of such development and the applicant, through M 77-118, has re- quested that he be allowed to 30% of the loading door area to face the street side. I) That the applicant's request is in violation of City Council Resolution No. 3324. 2) That there does not exist an unreasonable hardship re- garding subject site nor would granting this modifica- tion promote uniformity of development, for the reason that subject site is not unique to surrounding parcels, is sUbstandard in size for the proposed use and since uses specified in A 2 of this Resolution may be made of subject site in conformance with the Arcadia Zoning Code and City Council Resolution 3324 and that there is too great of a disparity between the City's requirements and the applicant's request. 3) That the granting of this modification would be detri- mental to the health, safety and welfare of the surround- ing properties and the City of Arcadia. SECTION 3. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 4th day of October, 1977, by the affirmative vote of at least three Council members, to wit: AYES: Council Members Gilb, Lauber, Margett, Parry and Saelid None NOES: ABSENT: None ~4 City Clerk of t e City of Arcadia -4- 4667 SIGNED AND APPROVED this 4th day of October, 19~7. , l ATTEST: 4 City Clerk (SEAL) -5- 4667 ~...- l.os 4lvG ItvD 1:1..ES iJs..,. I?/-i I.... M-17-1I8 LAND USE 4 lONING \'. IDa' SCALE NORTH EXHIBIT "A'"