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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
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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
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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 .
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City Clerk
(SEAL) -3- 3558
NOES:
ABSENT:
None
Councilman