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HomeMy WebLinkAbout3524 \ RESOLUTION NO. 3524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO PERMIT A NURSERY SCHOOL AND DAY CAMP AT 716 WEST HUNTINGTON DRIVE IN SAID CITY. ~d'~J; ~~- ~ 3..J /.1 THE CITY C0UNCIL 0F THE CITY 0F ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. That there was filed with the City Planning Commission on August 15, 1962, the application of Emilie Balabanoff and Luben Balabanoff, as owners, for a zone variance to permit th~ use as a nursery school and day camp"of the property at 716 West Huntingt~n Drive in said City in the County of Los Angeles, State of California, described as follows: Lot 23, Tract No. 2731, as shown on map recorded in ,Book 33, page 29, Miscellaneous Records of said County. 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 August 28, 1962, at which time all in- terested persons were given 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. 460 wherein and whereby it recommended the granting of the requested variance upon certain specified conditions. SECTION 2. That subject property is a lot 80 feet wide and 265 feet deep, presently zoned C-2. That property across the street and surrounding it on the west, east and south is zoned for commercial purposes although it has not all been developed to such use. -l- 3524 SECTION 3. That nursery schools are not presently speci- fied as a use permitted in any zone. That proceedings have been instituted by the Planning Commission to consider and make recom- mendations concerning the possible inclusion therein in the Special Use Zone. SECTION 4. That the intended use of the property has been recognized as and is an exceptional circumstance that does not apply generally to the property or class of use in the same zone or vicinity. That the granting of the variance as hereinafter recommended will not be materially detrimental to the publiC health or welfare or injurious to the property or improvements in the zone or vicinity in which it is located; that some variance is necessary for the preservation and enjoyment of substantial property rights of the applicant possessed by other properties in the same zone ~d vicinity. ~Iat the granting of the variance as hereinafter provided will not adversely affect the comprehensive general plan. SECTION:. 5. That for the foregoing 'reasons, a variance is hereby granted to permit the use of the above-described property for a nursery school and day camp upon the following conditions: a. That the existing main building be made to conform with those regulations of the Uniform Building Code to which it does not now conform. b. That complete building alteration plans be approved by the Department of Public ,Works prior to the issuance of any occupancy permit. c. That the variance hereby recommended be limited to a period of five (5) years from and after the date on which it is granted. -2- 3524 d. That a covenant in recordable form authorizing the use by applicants of the adjacent corner lot to the north as set forth by applicants on the plot plan submitted with their applica- tion be executed by the owner of such property, such covenant to run for the' durat~on of the initial variance that may be granted and to be filed with the City prior to the issuance of any build- ing permits on subject property, or in lieu of such covenant that a circular driveway be constructed concurrent with the alterations of the main building of sufficient width as determined by the Director of Public Works to accommodate the vehicles of parents leaving and picking up children either at such circular driveway or the adjacent parking lot. e. That a six (6) foot solid fence be constructed around all of subject property commencing on the north property line thereof twenty-three (23) feet easterly of the front property line and on the south property line commencing seventeen (17) feet from the front property line. f. That sidewalks be installed across the front of the property in'accordance with the specifications of the Department of Public Works. g. That applicants offer by a recordable instrument to dedicate to the City for publiC alley purposes the rear twenty (20) feet of subject property, such offer of dedication to be accompanied by the tender of a deed dedicating such rear twenty (20) feet for publiC alley purposes. . . h. That only to the extent necessary to permit the use .- - - - ". - - - - - . . . of the existing,building for_~~e p~:p~s~~_o~ ~~~~ ~~:ian?~, t~e ~:gu- ~~ ~iC:rJ.~_ ~p'~li:::.~b~e _ t? Fir.:. ~o!1e 1.W~ to. :"h~~h .~u~~..~ulldi~~ doe~_ no~._ now conform ~r.e ..waived prClv?:~~d~h~~. .al~. s t!i t.: .~egula tions applicable to such use shall at all times be complied with. -3- 3524 i. That the City Planning Commission and City Council re- serve the right, without the necessity of further notice or public hearings, to modify any of the foregoing conditions if such modifi- cation will accomplish substantially the same results as will the strict adherence to the foregoing conditions. j. That no increase in floor area to the structure be allowed. k. That periodic inspections by the Arcadia Fire Depart- ment be continued. I. That an annual inspection by the Division of Building and Safety be required to insure pr<;>per compliance with existing regulations. m. That maintenance personnel be quartered on the premises to prevent vandalism and possible exposure to fire at night, holidays and hours when school is not in use. 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 City of Arcadia held on' the 16th day of October , 1962, by ,the affirmative vote of at least three Counci,lmen, to wit: AYES: Councilmen Balser, Phillips, Reibold, Turner and Butterworth NOES: None ABSENT: None ~A:atiW.~Mv~ City Cler of, the Ci y 0 rca a - - , SIGNED AND APPROVED this 16th day of October , 1962. ATTEST: M /('1~ ./?;j , '-7 J C- Mayor of th~~ ~y o~ Arcadia ~-V~~ City Clerk (SEAL) -~- 3524