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HomeMy WebLinkAbout3199 r RESOLUTION NO. 3199 A RESOLUTION OF THE CITY COUNCIL OF ~rHE CITY OF ARCADIA, CALIFORNIA, DENYING AN APPLICATION FOR A ZONE VARIANCE AND/OR SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A FIFTY-SEVEN BED CONVALESCENT HOME. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE AND RESOLVE' AS FOLLOWS: SECTION 1. That there was filed with the City Planning Commission on September 24, 1959, the application of Sophia P. John- son and Orlando Clarizio, requesting a zone variance and/or special use permit to allow the construction and operation of a fifty-seven bed convalescent home upon the following described property located at 1601 South Baldwin Avenue in the City of Arcadia, County of Los Angeles, State of California, to wit: The North 138.286 feet of Lot 4, Block G, Santa Anita Land Company's Tract, as shown on map recorded in Book 6, page 137, of Maps, records of Los Angeles County. That after notice as required by Ordinance No. 760 of said City, as amended, a public hearing was duly held on the matter by and before said Commission on the 27th day of October, 1959, at which time all interested personB were given a full opportunity to be heard and to present evidence. That upon the conclusion of said hearing, said Commission did, o~ November 10, 1959, adopt its certain Resolution No. 350 wherein and whereby it made certain findings, and recommended to this Council that the requested variance be denied. SECTION 2. That within ten days after aforesaid decision by the Planning Commission, applicants appealed therefrom in writing to the City Council; that thereafter and prior to the setting of a public hearing thereon aforesaid applicants, by and through their -1- 3199 . . .. ~ attorney, requested that no hearing be held upon said appeal but that the matter be referred back to the Planning Commission in order that amendments to the application might be made, or if such procedure be net followed by the Council, that applicants' appeal be deemed withdrawn and that the Council render a decision without further hearing on the matter. SECTION 3. That there were numerous written and oral pro- tests to the granting of the zone variance and/or special use per- mit; and there was one communication registering no objection if the health and well being of adjoining property owners is not endangered and if such variance does not in any way breach Ordinance No. 954. SECTION 4. That subject lot along with other properties in the area was annexed to the City of Arcadia in December of 1955. That on April 3, 1956, the City Council adopted Ordinance No. 954 which ordinance determined that subject lot should be placed in Zone C-l upon the performance of certain conditions; that to date these conditions have not been fulfilled. That in view of the anti- cipated consideration for rezoning a large section of adjacent ter- ritory included i.n Annexation No. 17-A, and the planned widening of Baldwin Avenue to prOVide means of travel between major free- ways and to handle peak periods of vehicular travel, the granting of such a variance and/or special use permit would affect the com- prehensive general plan. SECTION 5. That it was not shown that there are excep- tional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other property in the same zone or vi- cinity, nor that such variance and/or special use permit is nec- essary for the preservation and enjoyment of a substantial prop- erty right of the applicant possessed by other property in the -2- 3199 ..'- same zone or vicinity. That it was not shown that the granting of such variance and/or special use permit will not be materially det- rimental to the public health and welfare or injurious to the prop- erty or improvements in the zone or vicinity in which the property is located but rather that the testimony presented at the hearing brought out that the granting of the requested variance and/or special use permit might well be materially detrimental and in- jurious to the property and improvements in the vicinity in which the property is located. SECTION 6. That the City Council declines to refer the matter back to the City Planning Commission, and in accordance with apPlicants' request as set forth in Section 2 hereinabove, the ap- plicants' appeal from the decision of the Planning Commission hav- ing been withdrawn, the application of Sophia P. Johnson and Orlando Clarizio for a variance and/or special use permit to allow the construction and operation of a fifty-seven bed convalescent home is hereby denied for the reasons stated hereinabove without prejudice to the reconsideration of any new application for similar relief from the provisions of Ordinance No. 760, as amended, with reference to the above described property. SECTION 7. The City Clerk shall certify to the adoption of this resolution. I HEREEf CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 15th day of December , 1959, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: Councilmen Balser, Camphouse, Jacobi, Phillips and Reibold None ABSENT: None (J1d.~~~ SIGNED AND APPROVED ,~~~?,9~ ( SEAL) -3- 3199