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HomeMy WebLinkAbout3890 RESOLUTION NO. 3890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING A ZONE VARIANCE TO PERMIT THE CONSTRUCTION OF A DRIVE-IN RESTAURANT rITTH OUTDOOR EATING FACILITIES AT 147 EAST DUARTE ROAD IN SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That there was filed with the City Planning Commission on May 4, 1966, the application of Harold B. Jepson as Optionee for a zone variance to permit the construction of a drive- in restaurant with outdoor eating facilities on property located at 147 East Duarte Road in the City of Arcadia, County of Los Angeles, State of California, more specifically described as follows: All of Lot 17 and the westerly 23 feet of Lot 18 in Block 62 of Arcadia Santa Anita Tract per map recorded in Book 16, page 58, of Miscellaneous Records in the office of the County Recorder of said County, together with the southerly one-half of the alley vacated by Arcadia City Ordinance No. 661 adjacent to said land; EXCEPT the interest in the northerly 20 feet and the southerly 12 feet of said land as conveyed to the City of Arcadia for street, alley and highway purposes, by deed recorded in Book 48339, page 132, Official Records. That after due notice as required by the Zoning Ordinance of said City a public hearing was duly held on the matter by and before the City Planning Commission on May 24, 1966, at which time all inter- ested persons were given a full opportunity to be heard and to pre- sent evidence. That said City Planning Commission thereafter on June 28, 1966 adopted its certain Resolution No. 591 wherein and whereby it recommended the denial of the requested variance. SECTION 2. That subject property is in Zone C-l which permits only restaurants where all customers are served at a table or counter. That there are no exceptional or extraordinary circum- -1- 3890 stances or conditions applicable to the property or to the intended use thereof that do not apply generally to the property or class of use in the same zone or vicinity. That the traffic and incidental problems of operation of this type of use have been found to be inap- propriate for C-l zoning and therefore the granting of the requested variance will be materially detrimental to the public health or wel- fare and injurious to the property and improvements in such zone or vicinity. That there are no other facilities of this type in Zone C-l and the granting of said variance would grant an additional right which is not possessed by other property in the same zone and vicinity. That the granting of the requested variance would adversely affect the comprehensive general plan. SECTION 3. That for the foregoing reasons the requested zone variance to permit the construction of a drive-in restaurant with out- door eating facilities on the above-described property is hereby denied. SECTION 4. 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 City of Arcadia held on the 19 th day of July , 1966 by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Butterworth, Considine, Hage and Forman NOES: None SIGNED AND APPROVED this 19th d ~Ji~ - 966. ABSENT: None ->>~T: '" ~~17~ )6~//;Jt~~-?L/ crty Clerk (SEAL) -2- 3890