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HomeMy WebLinkAbout1921 RESOLUTION NO. 1921. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA DISAPPROVING THE RECOMMENDATION OF THE PLANNING CODWISSION OF SAID CITY AND GRANTING A CO~IDITIONAL ZONING VARIANCE TO ALLOW CERTAIN COM- 1ffiRCIAL USES IN A RESIDENTIAL DISTRICT ON THE EAST SIDE OF SECOND A VENUE BETWEEN DUARTE ROAD AND ALICE STREET IN THE CITY OF ARCADIA. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES RESOLVE AS FOLLOWS: WHEREAS, by the provisions of Resolution No. 7 of the City Planning Commission of the City of Arcadia, adopted Septem- ber 15, 1949, pursuant to the provisions of Ordinance No. 760, adopted May 3, 1949, said Planning Commission recommended that the petition of Joe E. Earll and Lou G. Earll for a zone variance on the following described properties in the City of Arcadia, to wit: Lots 1 to 6, inclusive, and lots 12 to 17, inclusive, and the vacated alley adjacent, all in Block 61-1/2. Santa Anita Tract, as shown on map recorded in Book 16, page 58, Miscellaneous Records of Los Angeles County, located on the East side of Second Avenue, between Duarte Road and Alice Street, and extending I Easterly 282.5 feet, and known as 221 East Duarte Road, to permit the following uses: 1. Poultry and rabbit slaughter, for a period of five (5) years from and after the effective date of this Resolu- tion; 2. Retail poultry market and nursery for the growing and sale of flowers and plants; be disapp~oved and denied for the reasons in said Resolution set forth, and WHEREAS, said City Council has considered the afore- said recommendations of the Planning Commission and has disapproved 1. \.,.'i)~"f.<;)) of the same; NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. That the recommendation of the Planning Commission for the denial of the aforesaid petition of Joe E. Earll and Lou G. Earll be and the same is hereby disapproved. SECTION 2. vVHEREAS, in the opinion of this Council there are exceptional or extraordinary circumstances or condi- tions applicable to the properties involved, or to the intended use of such properties, that do not apply generally to the pro- perty or class of use in the same vicinity or zone; the variance referred to hereinbeforo is necessary for the preservation and enjoyment of a substantial property right of the petitioners possessed by other property in the same vicinity or zone; that the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the properties of said petitioners are located and the granting of such variance will not adversely affect the Comprehensive General Plan of the City of Arcadia, and that said properties should be excepted from the provisions of the zone created by said Ordinance No. 760, affecting said properties, but only in so far as hereinafter set forth: BE IT FURTP~R HEREBY RESOLVED that the hereinabove des- cribed properties be and the same are hereby excepted from the provisions of the respective zone of Ordinance No. 760 of the City of Arcadia and a conditional variance be and the same is hereby granted, but only in so far as such variance is necessary to permit said properties to be used for such purposes as are permitted by the zone or district in which the properties are now situated and for the purpose of conducting and maintaining 2. thereon (a) poultry and rabbit slaughter, for a period of five (5) years from and after the effective d ate of this Resolution, (b) a retail poultry market and (c) a nursery for the growing and sale of flowers and plants, and for no other purpose or purpol:les; This conditional variance is granted upon the follow- ing terms and conditions: (1) That the variance hereby granted to use the hereinabove described properties for poultry or rabbit slaughter shall terminate, cease, and have no further effect on and after October 3, 1954; (2) That no extension or expansion of or addition to the existing commercial uses upon the said properties will be made or undertaken; ~AM[NDED . (3) That #;<, 11/,./::0 or addition no building, structure or other improvement[1 fI~;:Hl;JED , or added to the buildings,~ -:ft:;lO'1o structures or improvements which exist upon said properties at 'Ij>-'/s-o shall be constructed, made the effective date of this Resolution; (4) That said properties shall not at any time be used for any purpose or purposes not permitted in Zone R-2 of the City of Arcadia, except as provided in this Resolution; (5) That in case anyone or more of the provisions or conditions of this Resolution are violated, the property above described shall revert to Zone R-2 as defined in said Ordinance No. 760 and the rights and privileges herein granted shall cease and terminate, in the event that any such violation is not ter- minated within thirty (30) days, or such further time as the City Council may decide that the owners of said property in the exercise of due diligence require to correct such viliation, after the owners of said property have been given written notice 3. J by the City Council of such violation; (6) That the rights and privileges granted by this Resolution are accepted by the persons affected thereby upon the foregoing express conditions. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. I HEREBY CERTIFY that the foregoing Resolution was adopted at:~~~~e~ meeting of the City Council of the City of Arcadia, held on the 3rd day of October, 1949, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen, Boucher, Libby and Russell NOES: None ABSENT: Councilmen Klomp and Nugent City Clerk of the City f Arcadia. SIGNED A}ID APPROVED THIS THIRD DAY OF OCTOBER, ~~ ATTEST: ;I7C!'jor, ~- City Clerk. ,Y ,/. ..'- ,,-..~ ........... . .~ / - - ~. '-' ~ I