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HomeMy WebLinkAbout3558 o RESOLUTION NO. 3558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING A REQUESTED VARIANCE TO ALLOW TO REMAIN A CARPORT ILLEGALLY CONSTRUCTED ON PROPERTY AT 1122 lVEST HUNTINGTON DRIVE IN SAID CITY. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY DETERMINE AND RESOLVE AS FOLLOWS: , SECTION 1. That there was filed with the City Planning Commission on January 30, 1963, the application of John P. Vidican and Violet Vidican,'as developers and partial owners, for a vari- ance to allow a carport illegally constructed without a building permit to remain on property located at 1122 West Huntington Drive in the City of Arcadia, County of Los Angeles, State of California, described as follows: The Easterly half of those"portions of Lots 2 , and 3 of Tract No. 2731, per map recorded in Book 33, page 29, of Maps, in the office of the County Recorder of said County, described as a whole as follows: Beginning at the inter- section of the westerly line of the east 40.00 ft. of' said Lot 2; with the northerly line of said lot 2; thence easterly along the northerly lines of said lots, a distance of 137.50 feet, more or less, to the westerly line of the east 60.00 feet of said lot 3; thence sou~herly along said westerly line of the east 60.00 feet of said lot 3 to the northerly line of Tract No. 13409, per map recorded in Book 271, Page 26, of said Official Re,cords; thence westerly along said northerly line of said Tract No. 13409 to the northwest corner of said Tract No. 13409. The northwest corner of said Tract No. 13409 being the northeast corner of Tract No. 15120, per map recorded in Book 323, pages 11 and 12, of said Official Records; thence continuing westerly along the northerly line of said Tract No. 15120 to said westerly line of the easterly 40.00 feet of said lot 2; thence northerly along said last described line to the point of beginning. 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 said City Planning Commission on February 13, 1963, 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 February 26, 1963 adopted its resolution No. 472 -1- 3558 wherein and whereby it made factual findings and recommended that the requested variance be denied. SECTION 2. That on March 30, 1960, a building permit was issued for the construction on subject property and property ad- jacent thereto all owned by applicant, of a 24 unit apartment building and 24 covered carports, in accordance with the R-3 zon- ing regulations then in effect. That such 24 unit apartment building and 24 covered carports were thereupon constructed under such permit. That 12 apartment units and 12 covered carports plus 3 additional open parking spaces were located on Bubject property above described. That on March 1, 1960, Ordinance No. 1075 was adopted increasing the off-street parking requirements for apart- ment buildings to It parking spaces per unit of which at least one (1) space shall be in a roofed garage or carport. That by Ordi- nance No. ll78 adopted June 19, 1962, the off-street parking requirements for apartments were increased to two (2) parking spaces per unit, one of which shall be in a roofed garage or carport. That some time between the adoption of Ordinance No. 1178 and November 28, 1962, an additional covered carport was constructed on subject property without a permit therefor, which additional roofed car- port constituted an addition to a non-conforming building in viola- tion of the Arcadia Municipal Code. That applicant has sold num- erous undivided interests,in subject property with the exclusive right of use of specified apartment units and carports. That in one instance he sold the exclusive right of use of 2 covered car- ports with one apartment unit, and that he constructed the addi- tional roofed carport so that he would be able to sell the exclu- sive right of use of a covered carport with each of the apartment dwellings remaining to be sold. That the owners of 15 of the un- divided interests, constituting an overwhelming majority of such owners, as well as the Board of Governors of the Condominium thUB constituted, have protested the granting of the variance reques- ted herein upon the grounds, among others, that the construction -2- 3558 of the roofed carport lessens the open parking spaces theretofore available in co~~on to the purchasers of undivided interests of the properties as well as their guests, thereby causing increased street parking in the area and, likewise, that the granting of such variance would condone a deliberate violation of the Arcadia Muni- cipal Code. SECTION 3. That subject property is no different than numer- ous apartments constructed under the pre-existing law and now non- conforming. That the requested variance is not necessary for the preservation or enjoyment of any substantial property right of applicant possessed by other property in the same zone or vicinity. That the granting of the requested variance will be injurious to properties and improvements in the zone and vicinity in which the property is located. SECTION 4. That for the foregoing reasons the request for a variance to allow to remain a carport illegally constructed upon the above-described property is hereby denied. 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 meeting of the City Council of the City of Arcadia held on the 5th day of March , 1963" by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Reibold, Turner and Butterworth Phillips ( ~V~.d2"'~ City Clerk of the City of Arcadia SIGNED AND APPROVED this 5th day o~ ~h , 1963. !1:d~v'!'Jf2:!f ~Jij,T . ~~a/,,~ City Clerk (SEAL) -3- 3558 NOES: ABSENT: None Councilman