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HomeMy WebLinkAbout2444 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND GRANTING A ZONE VARIANCE AFFECTING CERTAIN REAL PROPERTY IN SAID CITY TO PERMIT THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN AUTOMOBILE SERVICE STATION ON A PART THEREOF AND MULTIPLE FAMILY DWELLING UNITS ON THE REMAINDER THEREOF. WHEREAS, the~e was filed with the City Planning Commission of the City of Arcadia the petition of Joe E. Earll, Sr., Lo'.l G. Earll, Joe E. Earll, Jr., and Jeanne Barry aa owners, requesting a zone variance affecting the following described real property in said . City, to-wit: Lots 1, 2, 3, 15, 16, 17 in Block 6lt of part of Arcadia Santa Anita Tract in the City of Arcadia as per map re- corded in Book l6, Page 58 Miscellaneous Records of said County, also that portion of the 20 foot al1ey running Easterly through said Block 61t vacated by Ordinance No. l52 of the City of Arcadia South of Lot 15 in this said Block 61'; . to permit the sa~ to be used for the construction, maintenance and operation'thereon of an automobile service station and the remainder thereof for the construction, maintenance and operation of multiple . fBl!llly dwelling units; and WHEREAS, aner due notice as required by Ordinance NO.760 of the City of Arcadia, a publiC hearing was duly held on the matter by and before said City Planning Commission on the 22nd day of September, 1953, at which time all interested persons were given a full opportunity to be heard and to present evidence; and WHEREAS, said City Planning Commission acting in an advisory capacity to the City Council has made its findings and recommendations, after publiC hea]~ing duly held and notices, by and under its certain . Resolution No.l26 entitled: "A RESOLUTION OF THE CITY PLANNING COM- MISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOf.1MENDING THE GRANT- ING OF A ZONE VAlUANCE AFFECTING CERTAIN REAL PROPERTIES IN SAID CITY TO PERMIT THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN AUTOMOBILE SERVICE STATION ON A PART THEREOF AND MULTIPLE FAMILY DWELLING UNITS ON THE REMAINDER THEREOF.", a true copy of which is attached hereto and made a part hereof by reference the same as if herein again , . fully set forth; NOW, THEREFORE, the City Council of the City of Arcadia does hereby find, determine and resolve as followa: -1- !/t!'JO{r_-) . .t ';Iy y , . SECTION 1. That there were no protests to the granting of the requested VlU'iallce. That all of the owners of all properties abutting the subject property approved the granting of the variance requested. SECTION 2. That Lot 1 of subject property has only 43.9 feet frontage on Second Avenue and 132.5 feet along Duarte Road and the East line thereof is only 23 feet. That Lots 2 and 3 of subject property have only 50 feet frontage on Second Avenue and only 132.5 feet depth; tha1; no one of these 10ts meets the minimum requirements of street frontage or area under the present Subdivision Ordinance now in effect. That said Lots l, 2 and 3 are located on the North east corner of ~Iecond Avenue and Duarte Road; that Duarte Road is one of the through East-West traffic arterials in the City of Arcadia; that Second Avenue is a major North-South arterial and one of only three through North-South streets in theCity of Arcadia. That Second Avenue is the Northerly extension of Tyler Avenue; that Tyler Avenue is a major County highway and has been improved as such; that both Second Avenue a~d Duarte Road are heavily travelled traffic arterials; that subject properties already have a variance for heavier commercial uses and have been developed tor and for some time used for the con- duct of a retail poultry and egg sales, commercial nursery and custom dressing plant. That the size of subject 10ts, their shape and location and their proximity to properties used, developed or zoned for commercial purposes are extraordinary circumstances and conditions not applicable to properties generally in the same vicinity or zone. SECTION 3. That for the foregoing reasons subject properties are not economically or reasonably capable of being used or developed for the purposes for which they are present~y zoned; that numerous other properties sim11arly located at the intersections of major traffic arterials have been granted zoning or variances for com- mercial purposes substantially as set out in petitioners'application. For these reasons the granting of the variance requested is reason- ably necessary for the preservation and enjoyment of substantial property rights IJf the applicants. -2- . . . . .t'l'/( . SECTION 4. That the granting of the variance requested will not be materially detrimental to the public welfare or injurious to the property or.improvements in the vicinity and~ne in which the property is located. That the construction of multiple family units on all of subjel~t property other than Lots l, 2 and 3 wlll afford a logical and reasonable buffer between the commercial use requested on the corner. Logical and reasonable development of Lots 1, 2 and 3 is for light Ilommercial uses. SECTION 5. That the granting of the variance requested will not adversely af.fect the comprehensive general plan; on the contrary it conforma with the general plan already established at major arterial intersections through the City. SECTION 6. That a variance under the provisions of Ordinance NO.760 of the Cl.ty of Arcadia as amended, be and the same is here granted to permit Lots 1, 2 and 3 of the subject property herein- before described to be used for the construction, maintenance and operation of an automobile service station upon the express condition that a solid waIl or fence be constructed six feet in height along the northerly line of Lot 3 and along the easterly lines of Lots l" 2 and 3, the height thereof being reduced at the setback line to conform with applicable City Ordinance8~ and to permit the remainder of subject property to be used for the construction, maintenance and operation of multiple family dwellings. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. . . . I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeUng of the City Councll held on the 3rd day of November, 1953, by the affirmative vote of at least three Councilmen to-witY AYES: Councilmen Dow, HUlse, Kennett, Nottingham and Schmocker NOES: None ABSENT: None ~:~~y of Arcadia SIGNED AND APPROVED this 3rd "'-Yt"y . A'l'TEST: ~~v~ City Clerk -