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HomeMy WebLinkAbout3471 .. RESOLUTION NO. 3471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING A ZONE VARIANCE TO A~LOW THE CONSTRUCTION OF AN ADDITION TO THE EXISTING BUILDING AT 111 EAST LIVE OAK AVENUE. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That there was filed with the City Planning Commission on, the 6th day of October, 1961, the application of H. N. Berger and Frances C. Berger as owners for a zone variance to allow the construction of an addition to the existing building and to permit the use of such addition for medical offices, on property located at 111 East Live Oak Avenue in the City of Arcadia, County of Los Angeles, State of California, described as follows: Lot 2, Tract No. 12915, as shown on map recorded in Map Book 270, page 10, 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 be- ~ - . . ~ " fore said Commission on the 14th day of November, 1961, which hear- ing was duly continued to December 4, 1961, and still further dUly continued to December 12, 1961, at each of which times all inter- ested 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. 437 wherein and whereby it recommended the granting of the requested variance . - - .' upon ce~tain c~:mditions. That thereupoll a~plicant ,fi1ed:-,~th the City ~()unc~l all appea1,rrom the.said d~~ision of the Planlling Com- m~~sion pur.suanE,to whi?h, a~ter. due _ notice as required f?Y ~aw, a public hearing on said 'matter and said appeal was held by and -1- 3471 before this Council on February 6, 1962, at which time all persons were given full opportunity to be heard and to present evidence. SECTION 2. That there were no protests to the granting of the variance. That subject property is presently zoned R-3 with a variance for its present development and use as a medical building which was granted in 1955. At that time a variance was requested for both Lots 2 and 3, but the application was denied as to Lot 3 unless and until the north 20 feet of Lot 2 were dedicated for an alley. Subsequently Lot 3 was sold and an apartment house constructed thereon. SECTION 3. That the south side of Live Oak Avenue is zoned and developed for commercial uses. That there is commercial development on the north side of Live Oak Avenue east of subject property and an application is now p~nding for commercial zoning of properties on the north side of Live Oak Avenue west of subject property. That the requested variance is necessary for the preser- vation and enjoyment of a substantial property right of the app1i- cant possessed by other property in the vicinity and its use as a professional office building constitutes an exceptional circumstance - - - -. . - which would not apply generally to property in an R-3 Zone. That under the conditions hereinafter specified the granting of a vari- ance will not be detrimental 'to public health or welfare, will not be harmful or detrimental to the residential property to the north, nor adversely affect the comprehensive general plan. SECTION 4. That the proposed use of subject property for ,.-.. .. .. which the variance is r~quested,i~ a commercial u~~ and recogni~ed as such,by the ?la~si~ication there~f as a u~e permissib1:,~n Zone CoO. That the co~ercia1 us~ of p'roper~y c~~ses a great increase in the amount of vehicular traffic in the immediate vicinit~ of -2- 3471 the properties so used, and the conversion of residential properties to commercial uses requires the provision of additional means of vehicular ingress and egress thereto and therefrom and to and from the off-street parking facilities required to be provided therefor. That the proper planning of the area requires that provision be made at this time for the installation of a public alley paralleling Live Oak Avenue at the rear of subject property, so that the Live Oak frontages will not of necessity exit upon such a heavily travelled thoroughfare as Live Oak Avenue, and since subject property is the first lot to be accorded commercial usage in its block, it will be the incentive for others to follow suit and should be the first to make adequate provision to handle the increased traffic it creates and fosters. SECTION 5. That for the foregoing reasons, a zone vari- ance is hereby granted for the construction of an addition to the existing building on the property hereinabove described, subject to the following conditions: a. That the owners of subject property execute and de- liver to the City of Arcadia an irrevocable offer, in recordable form, to dedicate for public alley purposes the north 25 feet of Lot 2 of said Tract No. 12915 when property has been dedicated for alley purposes from the westerly line of Lot 2 westerly to an in- tersecting public street or alley, and accompanied by tender of a duly executed deed for public alley purposes of the north 25 feet of said Lot 2, which deed shall not be recorded or accepted by the City of.Arcadia until the condition of its tender has been fulfilled. b. That a concrete block wall be constructed on the north property line of subject property, said,wall to be four \4) feet h~gh from the west line of Greenfield Avenue for a distance of twen- ty-five (25) feet and six (6) feet high for the balance thereof. -3- 3471 c. Th~t the owners of subject property execute and de- liver to the City of Arcadia a covenant running with the land whereby the owners agree for themselves, their successors and assigns, to pay the cost of the alley constructed on Lot 2 of said Tract No. 12915 upon the recordation of the deed of dedication in accordance with the terms of its tender. d. That the new portion of the building comply with the ~:quirements of Fire Zone No. 2 and conform substantially with the building plans submitted with the application. , , e. That the present setback of fifty (50) feet from Live Oak Avenue be removed. 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 20th day of February, 1962, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Butterworth, Camphouse, Phillips, Reibo1d and Balser ' NOES: None ABSENT: None ~~~~ C ty C1er 0 e C y 0 rca ia~ SIGNED AND APPROVED this 20th day of February, 1962. ~~ , ayor 0 e Ci ty of Arcadia -4- 3471