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HomeMy WebLinkAbout3506 -~ RESOLUTION NO. 3506 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANT- ING A ZONE VARIANCE TO PERMIT A DAY NURSERY AT 53'0 WEST 'LAS TUNAS DRIVE IN SAID :CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. That there was filed with the City Planning Commission on May 3, 1962, the application of Dorothy' M. Stevens as owner, for a zone variance to permit an extension of the presently existing zone variance to allow the conduct of a children's day nursery upon the following described property located at 530 West Las Tunas Drive in the City of Arcadia, County of Los Angeles, State of California, to wit: Lot 28, Tract. No. 6641, as shown on map recorded in Book 126, page 67, of Maps, . Records of said Countyj That after notice 'required by the Zoning Ordinance of said City, as . amended, a public hearing was duly held on the matter by and before said Commission on June 26, 1962, at which time all interested per- sons were given a full opportunity to be heard and to present evidence. That at the conclusion of said hearing said City Planning Commission adopted its certain Resolution No. 453 wherein and whereby it recom- mended the granting of the requested variance'upon certain specified conditions. SECTION 2. That there were protests to the granting of the variance. That subject property is a lot 75 feet wide and 205 feet deep, presently zoned R-I. That the lot on the east is used for resi- dential purposes and the lots at the rear are residential, but the -1- 3506 . "" , lot on the west is zoned PR-3 and is next to Sugar's Cafe. That this is the fourtn time a variance for a children's day nursery has been requested of this Commission. That the City Council by Resolution 2066, adopted September 19, 1950j by Resolution No. 2230, adopted April I, 1952; and by Resolution 2912, adopted August 6, 1957, granted and extended the variance for a children's nursery on said property; that the variance granted by Resolution No. 2912, expires in August of 1962. SECTION 3. That the fact that subject property is on a busy street and adjoining commercial property constitutes exceptional or extraordinary circUmstances or conditions that do not generally apply to residential property. That the development of the property for a day nursery with fencing and amusement devices forilmall child- ren and that the fact that the Zoning Ordinance makes no provision for the operation of a nursery school makes' a 'variance necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. The location of subject property on the periphery of a residential area and next to a neighborhood shopping center makes the granting of such variance not detrimental to public health or welfare nor injuri- ous to the property or improvements in such zone or vicinitYj'and that such use serves as a buffer between residential and commercial property. That the granting of the requested variance for a period of five years will not adversely affect the comprehensive general plan. That the rezoning, development and use of properties west of subject property'which has occurred since the granting of the prior variance for the s'ame purpose on subject property only further sup- ports and strengthens the reasons heretofore existing for the -2- 3506 .. . granting of the requested variance. SECTION 4. That for the foregoing reasons, a variance is hereby granted to permit the use of the above described property for a day nursery upon the following conditions: I. That the period of the variance be limited to a period of five years from and after the date of approval of such variance by the City Council. r 2. That prior to September 15, 1962, tre block wall on the east side of imbject property be increased to a height of six (6) feet above the finished grade of the property to the east thereof from the northerly terminus of said block wall southerly to a point 66.6 feet northerly of the south line of subject property, and that a chain link, grape stake or other type of fence three (3) feet in height be construeted along the easterly line of subject property from the northerly terminus of said block wall to the front property line of subject property. SECTION 5. The City Clerk shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meet:l.ng of the City Council of the City of Arcadia held \ on the 21st day of August , 1962, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Reibold, Turner and Phillips Councilman Balser NOES: ABSENT: Councilman Butterworth, a 5Jz~ . ~~ the ~y of ~rcadia SIGNED AND APPROVED this 21st day of August, 1962. Ma/iii~!Wtnrcadia Pro Tempore -3- 3506