Loading...
HomeMy WebLinkAbout2838 RESOLUTION NO. 2838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING REQUESTED VARIANCE AND SPECIAL USE PEm~IT TO ALLOW PROPERTY IN AN R-l ZONE TO BE USED FOR A MORTUARY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETE~1I~~ AND RESOLVE AS FOLLOWS: SECTION 1. That there was filed with the City Planning Commission on September 21, 1956, the application of Johanna M. Wenz, as owner, for a zone variance or special use permit to allow the use for a mortuary of property located in an R-l Zone at 1820 South Santa Anita Avenue, in the City of Arcadia, County of Los Angeles, State of California, described as follows: The vl€st half of the south half of Lot 33, Arcadia Acreage Tract, as shown on map recorded in Book 10, page 18, of Maps, records of Los Angeles County, except therefrom that portion incl~ded within.Tract No. 19769; that after notice as required by Ordinance No. 760 of the City of Arcadia, a publiC hearing was duly held by and before said Commis- sion on the 23rd day of October, 1956, which hearing was duly con- tinued to November 13, 1956, at which times all interested persons were given a full opportunity to be heard and to present evidence. That thereupon said Commission, on November 27, 1956, adopted its certain Resolution No. 233, wherein and wDereby it made certain findings and reeommendations to this Council. SECTION 2. That there were protests against the granting of the requested variance or special use permit filed by the follow- ing organizations: Episcopal Diocese of Los Angeles, Board of the Arcadia Unified School District, the Arcadia P. T. A. Council, the Santa Anita P. T. A., the Executive Board of the Santa Anita P. T. A., the Richard Henry Dana, Jr. P. T. A., the Hugo Reid P. T. A., the Camino Grove P. T. A., the Holly Avenue P. T. A., the Rancho Santa Anita Residents' Association, the Santa Anita Residents' -1- 2838 Association, the Santa Anita Village Community Association; a peti- tion protesting the same signed by over 1800 property owners between Duarte Road and Live Oak Avenue; and written protests by numerous individuals, many of which were supplemented by further oral protests. Although the applicant submitted a petition signed by 108 persons residing with~n and without the City of Arcadia, only one property owner within a radius of 300 feet of subject property affirmatively supported the application. SECTION 3. That while the size of the house and of the parcel of land upon which it is situated, and its location near a public school and church, might be considered exceptional or extra- ordinary circumstances, these conditions were in existence at the time the property was purchased by the present owner over a year ago. That churches and particularly schools are essential to resi- dential areas and should not be considered as the basis of special use permits for proprietary businesses. That no evidence was pre- sented to show that the requested variance was necessary for the preservation and enjoyment of property rights of the applicant pos- sessed by other property owners in the same zone and vicinity. SECTION 4. That the granting of the requested variance would constitute spot zoning, inasmuch as the nearest commercial uses are three-fourths of a mile to the north and three-fourths of a mile to the south of subject property; would adversely affect the comprehensive general plan, and might well be the beginning of addi- tional variance requests. That the location of a mortuary in that particular residential zone would unquestionably depreciate prop- erty values and would be injurious to other property in the same zone and vicinity. That the location of a mortuary within a densely settled residential area would by its very nature be materially detrimental to the public health or welfare of the property owners and residents in the surrounding residential area. SECTION 5. That for the foregoirgreasons, the application -2- 2838 of Johanna M. Wenz for a zone variance or special use permit to allow the use of the above described property for a mortuary be and each of the seme is hereby denied. SECTION 6. The City Clerk shall certify to 'the adoption of this Resolution. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the C~ty of Arcadia, held on the 18th day of. December , 1956, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Dennis, Jacobi, Phillips, Reibold and CamphoUB e NOES: None ABSENT: None ~~O'(;/7J~ City lerk of e City 0 Arca ia SIGNED AND APPROVED this 18th day of December , 1956. ~i4~ Nayor of the Ci 0 rca ia ~~l City Clerk (SEAL) -3- 2838