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HomeMy WebLinkAbout5514 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 -1- 5514 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. -2- 5514 . , . . -. . 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 -3- 5514 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 ~ ~.--,j ~~ City Clerk of the . of Arcidia -4- 5514