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RESOLUTION NO. 5514
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
DENYING AN APPEAL OF PLANNING COMMISSION RESOLUTION
NO. 1423 WHICH DENIED MC 89-074 FOR 6'-0" HIGH MASONRY
PILLARS WITH 5'-6" HIGH DECORATIVE WROUGHT IRON FENCING,
AND TWO DECORATIVE LIGHT FIXTURES ON THE TWO PILLARS AT
THE DRIVEWAY ENTRY AT 1150 FALLEN LEAF ROAD.
WHEREAS, on September 14, 1989, an appeal was filed by Mr. Edward
L. Butterworth of the Modification Committee's September 12, 1989 approval
of MC 89-074 for 6'-0" high masonry pillars with 5'-6" high decorative
wrought iron fencing, and two decorative light fixtures on the two pillars at
the driveway entry at 1150 Fallen Leaf Road.
WHEREAS, on September 26, and October 10, 1989 the Planning
Commission heard the appeal and all interested persons were given full
opportunity to be heard and to present evidence; and
WHEREAS, the Commission determined that the granting of MC 89-074
would be detrimental to the property and improvements in the zone and
vicinity of the subject property, and would not secure an appropriate
improvement; and
WHEREAS, on October 24, 1989 the Planning Commission adopted '
Resolution No. 1423 confirming their actions of October 10, 1989, and
WHEREAS, on October 31, 1989 Planning Commission's decision was
appealed to the City Council by Mr. Yee-Horn Shuai, an attorney representing
the property owners, Mr. and Mrs. Ching Huei Un; and
WHEREAS, on November 21, 1989 the City Council heard the appeal, and
all interested persons were given full opportunity to be heard and to present
evidence; and
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WHEREAS, as part of the record, the City Council reviewed and
considered the following:
a. The staff report and related attachments which included Planning
Commission Resolution No. 1423, the Staff Reports and Minutes of September
26, and October 10, 1989, the Modification Committee's Findings of September
12, 1989, and the Rancho Santa Anita Property Owner's Association's
Architectural Review Board's Findings of August 16, 1989.
b. Written communications and exhibits submitted by the Applicants
and Appellants.
c. Written communications and exhibits submitted by the Rancho
Santa Anita Property Owner's Association and neighboring residents.
d. All oral presentations, testimony and documentation made and
presented during the public hearing on November 21, 1989.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS;
SECTION 1. The City Council of the City of Arcadia denies the appeal
and affirms the decision of the Planning Commission, based on the following
findings:
I. Approval of the Modification will not prevent an unreasonable
hardship in that the alleged security needs do not constitute the type of
hardship justifying a deviation from the City Code.
2. The proposed fence is not consistent with the surrounding
improvements and would not secure an appropriate improvement because:
a. The intersection at which the subject property is located is a
primary point of ingress and egress for the neighborhood and as such is
subject to a relatively high volume of traffic.
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b, The proposed fence at the proposed location would interfere with
the visibility of the intersection and could contribute to a potentially
hazardous situation.
3. The proposed fence would not promote uniformity of development
because the immediately adjacent neighboring property which fronts on
Fallen Leaf Road and the immediately neighboring properties which front on
the intersecting streets of Singing Wood Drive and Hampton Road do not have
front yard fences.
SECTION 2. The decision and findings contained in this Resolution
reflect the Council's action of November 21, 1989 by the following vote:
AYES: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
NOES: None
ABSENT: None
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this fifth day of December, 1989.
A TrEST:
,jae.
:y of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that
the foregoing Resolution No. 5514 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk
at a regular meeting of said Council held on the fifth day of December, 1989
and that said Resolution was adopted by the following vote, to wit:
AYES: Councilmembers Chandler, Gilb, Harbicht, Lojeski and Young
NOES: None
ABSENT: None
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City Clerk of the . of Arcidia
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