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HomeMy WebLinkAbout3546 u RESOLUTION NO. 3546 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING 'A ZONE VARIANCE UPON, CERTAIN CONDITIONS TO PERMIT THE ADDITION OF A SECOND STORY TO AN EXISTING BUILDING CONSTRUCTED UNDER A VARIANCE AND THE USE THEREOF FOR TELEPHONE EXCHANGE FACILITIES, TO PERMIT A TWO-FOOT VARIANCE FROM THE HEIGHT LIMITS OTHERWISE APPLICABLE THERETO, AND TO PERMIT THE USE OF ADJACENT PROPERTY FOR OFF-STREET PARKING REQUIRED THEREFOR. 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 the 3lst day of October, 1962, the application of the Pacific Telephone and Telegraph Company as owner, for a zone variance to permit the addition of a second story to a building heretofore constructed under a variance upon Lots 7 and 8 of Block I of Tract No. 101, per map recorded in Map Book 13, page 52, in the office of the County Recorder of Los Angeles County, which property is commonly known as 15 Alice Street, Arcadia, California, and to permit such construction two (2) feet in excess of the thirty-five (35) foot height limit otherwise applicable thereto, and as optionee of Lot 9 of said Block I, Tract No. 101, commonly known as 19 Alice Street, Arcadia, California, to permit the use of said Lot 9 for automobile parking required for the proposed use and construction on said Lots 7 and 8. That after due notice as required by the Zoning Ordinance of said City, as ~nended, a public hearing was duly,held on the mat- ter by and before i3aid City Planning Commission on November 13, 1962, at which time all :Lnterested persons 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. 463 wherein and whereby it recommended the granting of the -l- 3546 requested variance upon certain specified conditions. SECTION 2. That all of subject property is presently zoned R-3; that the existing building on said Lots 7 and 8 and its present use thereof was authorized under a variance granted for such purpose over fifteen years ago. That there has been no neighborhood objection to its continued use for such authorized purpose through- out this entire time and there were neither oral or written pro- tests to the granting of the variance herein requested. That the use of the property for a public utility ~s by its very nature an exceptional circl@stance applicable to the intended use of the sub- ject property that does not apply generally to the class of use in the same vicinity and zone since public utiltities must be located where required best to serve the community. That the granting of the requested variance upon the conditions hereinafter specified will not be matel'ially detrimental to the public health or welfare, or injurious to property or improvements in such zone or vicinity. That due to the growth of the area, the increased demand for tele- phone service and anticipated further need therefor, it is abso- lutely necessary that applicant expand and enlarge its facilities. That the granting of the requested variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity in that applicant: has lawfully invested exceptional sums not only in the development of its facilities at said location but likewise in the installation of related facilities in connection therewith. That the relocation of said facilities to a new location is totally unfeasible particularly in view of the cost of the relocating of the related facilities. That the granting of the requested variance will not adversely affect the comprehensive general plan particu- larly in view of the commercial development of the adjacent Santa Anita properties in this area. -2- 3546 SECTION 3. That for the foregoing reasons, a variance is hereby granted to permit the construction of a two-story addition thirty-seven (37) feet in height on Lots 7 and 8, Block I, Tract No. 101, hereinabove described, and the use of Lot 9 of said block and tract for automobile parking required in conjunction with the build- ing on Lots 7 and 8, upon the following conditions: a. Th"t such variance shall not be operative and no building permits shall be issued until complete plot plans, building plans and landsca.pe plans have been submitted to and approved by the Planning Department and the Department of Public Works. b. That grading and drainage plans for the parking areas shall be submitted to and approved by the Department of Public Works prior to the issuance of a building permit. c. That all parking lot and building illumination shall be directed away from adjoining properties and that it meet with the approval of the Department of Public Works. d. That a solid wall five (5) feet high be constructed concurrently with the building addition along the east property line of said Lot 9, Block I, Tract No. 101, from the front property line to a point fifteen (15) feet south of the north property line of said lot, from which point the wall shall be three (3) feet in height and shall terminate at the north property line of said Lot 9. e. That all existing structures on said Lot 9 be removed within thirty (30) days from the issuance of building permits for any construction on Lots 7 and 8. f. That the alley at the rear of said Lot 9 shall be paved and improved to meet the requirements of the Department of Public Works. g. That the Pacific Telephone and Telegraph Company shall execute a covenant in recordable form approved by the City Attorney agreeing that Lot 9, Block I, Tract No. 101, shall be held in common ownership with Lots 7 and 8 of said Block I, Tract No. 101. -3- 3546 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 ISth day of December ,1962, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Phillips, Turner and Butterworth NOES: None ABSENT: None ABSTAINING: counci~~:;lbO d City Clerk of the City of Arcadia SIGNED AND APPROVED this ISthday of December, 1962. to~{{?J~ ATTEST: - ~~ (SEAL) -4- 3546 J.,-\O~ ! VI" LOS AtJG1'l;:; . ''''ll"\!. J(EC'l1HL"'l'; FOo . ...-.l C.rl'l" ~. .\ TlT'r./NC' ""',1.. ~'rl. '"" "UflA'"'' " I j.,....,- r';" If\U"'" "0 F " ~ E:8 1] 1963 AT [: ^,r,l, , RI,y E L' . [E, County /?Ccorucr DECLARATION OF COVENANT THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a California Corporation, hereinafter referred to as Declarant, hereby declares that it is the owner of that certain real property in the City of Arcadia, County of Los Angeles, state of California, described as follows: Lots 7" 8 and 9, Block 1, Tract No. 101, as shown on map recorded in Map Book 13, page 52, in the office of the County Recorder of said County. In consideration of the granting of a variance to allow the construction of a second-story addition to the structure ex- isting on said Lots 7 and 8 two (2) feet in excess of the' thirty- five (35) foot height limit and to provide required automobile ,parking on said Lot 9, Declarant covenants and agrees for itself, its heirs, successors and assigns, that said Lot 9 shall remain under common ownership with said Lots 7 and 8 and shall be used ,and maintained to provide off-street parking required for the structure on said Lots 7 and 8; provided, however, that the within covenant shall be of no further force and effect if Declarant pro- vides and maintains off-street automobile parking required for the structure on said Lots 7 and 8 in the amount, at a location and upon the conditions required by the Arcadia Municipal Code. The within Declaration of Covenant shall inure to the benefit of, be enforceable by and may be released only by the City of Arcadia. IN WITNESS WHEREOF, Declarant has executed the within /F€~ t2.3~ 2C , l-='" W ~ , 8KMI198pc 94 Declaration of Covenant this 28!l!' day of ,l),,-7~67Vl8C~ 1962. THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY By U/!A/7UcZ L,~~ /I t/ By "- STATE OF ~IFORN~' ) . C.unly.f -~~;t ~~) II. O~~'S ~ -=-- y.f M;::; , 19 6;;/ .. bolo "., ' "'Z/. t Q H taIY Public ~' .nd I., ..Id C.un'y .g. SI~!!. ~.'..n.lly .ppe...d ft. -~,.:~:: ~ kn.wn )Un ty and State, tomo(.w J 'tlw- ~ f_ ) I. bo ,h. p....n_wh... n.m. ) be the ' lub.crlbed to the within In.trument, and acknowledged to me_ _ ...eut.d tn. .om.. to me to be the Ie persons executed the within IN WITNESS \!/HEREOF; 1:h~v.~"~"4nl. .., my hond .nd .mud my . . . . '.,~ official ..01 tho d;. a~.d ye'c'.l~ tM. :c~r!~.f1c.a. flu. above wrltton. , . dJ.(.' '. 1~'", . .. . .... . .,.. ..' ..0' r . .' No':~ ~~!19 '''~~o; .,a uC:orud a"d SIdle _ , ", #,i7..~ 4~ of /"'.,(~ My ~~,,!~~~!.0Ii'~~~!'."k:~t- ,. ~ -r; T..., edged to me/that such Corporation executed the within . ; loration therein acknowl- / the to its by-laws or a resolution of its board of WITNESS my hand and official seal. .. " /, ,; , Notary Public in and for said County and state ( SEAL) " t=<> W ~ ,.~