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HomeMy WebLinkAbout3679 R;SOLUTION NO. 3679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A REQUESTED VARIANCE TO ALLOW A SECOND SINGLE FAMILY DWELLING ON THE LOT LOCATED AT 315 LE ROY AVENUE IN SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That there was filed with the City Planning Commission On February 14, 1964 the application of Elmer and Esther A. Bensen, as owners, for a zone variance to build a second single- family dwelling on property located at 315 Le Roy Avenue in the City of Arcadia, County of Los Angeles, State of California, described as follows: Lot 38 of Tract No. 951 per map recorded in ,Book 17, Page 28, of Maps, Records of said County. 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 March 10, 1964 at which time all interested persons were given a full opportunity to be heard and to present evidence. That said City Planning Commission thereafter on March 24, 1964 adopted its certain Resolution No. 510 wherein and whereby it made certain findings and determinations and recommended the denial of the requested variance. That on its own motion this Council fixed July 7, 1964 at 8:00 o'clock p.m. in the Council Chamber of the Arcadia City Hall as the date, time and place of a publiC hearing on said recommendation, at which time and place all interested parties were given full opportunity to be heard. SECTION 2. That the existing dwelling was constructed on the rear portion of subject property at a time when a second dwell- ing could lawfully have been constructed on the front portion of the lot, and such has been the applicants' intention since they first purchased and improved subject property. That for some years after the initial development of subject property and during the period -1- 3679 of many amendments of the regulations applicable to Zone R-l, a second dwelling could lawfully have been constructed on subject property. That 'there is but one lot in the entire block which is similarly improved. That the foregoing constitute exceptional cir- cumstances applicable to the subject property and to the intenaed use thereof that do not apply generally to all other properties in the same zone or vicinity. That the granting of the requested variance will not be materially injurious or detrimental to the property and improve~ents in the zone and vicinity in which subject property is located but rather will materially improve the appear- ance of subject property thereby enhancing the value of adjacent properties. That the granting of the variance will not adversely affect the comprehensive general plan for the reason that under zoning regulations presently in effect only one other lot owner could seek similar relief for the same reasons applicable to sub- ject property, and the construction of a dwelling at the front building line would complement rather than adversely affect the comprehensive general plan. That the granting of the requested variance is reasonably necessary for the preservation and protec- tion of property rights of the applicant possessed by other prop- erty in the same zone or vicinity for the reason, among others, that every other lot in the block, other than subject property and the lot adjacent thereto, is developed with a single-family dwelling substantially at the front building line, and the similar improve- ment of subject property is necessary for the full and proper utili- zation of subject property. SECTION 3. That for the foregoing reasons a variance is hereby granted to permit the construction of a second single-family dwelling located at the front building line of the above-described property, upon condition that upon completion of the second dwelling -2- 3679 , at the front building line the existing dwelling shall become and be deemed to be a nonconforming building, and said existing dwell- ing shall not be further enlarged or structurally altered, and in the event of dama.ge thereto from any cause whatsoever to the extent of 75% of its rea.sonable value, shall not be restored or repaired, other than for the purpose and to the extent necessary to make the same conforming as a guest house. SECTION 4. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted an adjourned at ~ regular meeting of the City Council of the City of Arcadia held on the 13th day of July , 1964, by the affirmative vote of at least three Councilmen, to wit: . AYES: Councilmen Considine, Reibold and Turner NOES: Councilmen Balser and Forman ABSENT: None ~~7)M4~/ C Y rk 0 the C ty 0 rca a SIGNED AND APPROVED this 13th day of July , 1964. 9'aee r Mayor of the --- /~ City of Arcadia ATTEST: ~~O'n ~ City Clerk (SEAL) -3- , 3679