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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
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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
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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
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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
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11/,./::0 or addition
no building, structure or other improvement[1
fI~;:Hl;JED ,
or added to the buildings,~
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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
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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,
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ATTEST:
;I7C!'jor,
~-
City Clerk.
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