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Home My WebLink About0123 ... OJ. . . RESOLUTION NO.123 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA. RECOMMEND- ING THE DENIAL OF A PETITION FOR THE EXTENSION AND ENLARGEMENT OF AN EXISTING VARIANCE AFFECT- ING CERTAIN REAL PROPERTY IN SAID CITY~ WHEREAS, there was filed with this Commission the petition of Herbert Kalliwoda as owner, requesting a zone variance affecting the Westerly 100 feet of that portion of Lot 69, Santa Anita Colony per map recorded in Book 42, Page 87. Miscellaneous Records of Loa Angeles County aa more particularly described in said application. to permit the extension of a variance heretotore granted for an additional five year period and the extension of said variance as granted and thus extended to an additional 25 feet of adjacent property; and WHEREAS, after due notice as reqUired by the provisions of . Ordinance No.760 of the C1tyof Arcadia a publiC hearing was held . . on the matter by and before thiS Commission on the 25th day of August, 1953, which hear1ng was at the request of applicant re- gularly continued tp September 8, 1953, at which times all inter- ested persons were given an opportunity to be heard and to present evidence. NOW. THEREFORE. the City Planning Commission of the City of Arcadia does hereby find, determine and resolve as follows: SECTION 1. That there were letters of protest tiled by five owners of adjoining properties and a petition bearing twelve signatures ot adjoining owners and reSidents within the immediate vicinity. all protesting the granting of any portion of the var- iance requested and stating their reason therefor. SECTION 2. The variance affecting subject property heretofore originally granted and as subsequently extended, will not expire until March 7, 1955, that there 1s no present need for the further extension of the existing variance. A request for a similar ex- tension was recommended for denial on September 23. 1952, for the reason that there waa no apparent need for further extension ot the existing variance and that the further extension ot the variance would have a retarding effect upon the development of unimproved ~- ~~~i~3 ~~ . " .. . . . Ci'Y'ES: CO;lL~i3Sionul';d B1...1sor. I:noJlJ:J, Ir::..tt) Rc.oertuoD. ~llJ.l. 5c.l'e,jSOn. ~OBSr :::Clle. A3S~: COI1'1issioners lilllierson unLl B31':.y. : V1t/. l~ .~U -(e~ SocX'otoX':y at' "ho )/lv.rm(f:;' COc:::l:2..'OiQi'l . . -4- . . . . . fixed ~or such removal or alteration shall not be before the ex- piration ot the reasonable life of such building as found by .ald Commission and Clty Council. initiated by the Planning Com- mission and shall be conducted Proceed1ngs tor such determinatlons Shall beJM.~ In the ..noel' provided for the coneideratlon of varlanc.s and only alter written notlce to the legal owner ot the property affected a. ahown by the Aaseasment recorda ot the Clty or Arcadla. No order made .rter proce.ding. thus held shall require the removal or alt.ration or a non-conforming bu11d1na within one year art.r not lee ot such order 1a mal1ed to the owner or the property artected at hls addre.. shown on the A.......nt recorda ot the City or Arcadia. A second notice or auch order thus made shall in like mannar be .erved upon the owner or the property af'tected a. shown by the '.ae.ament record. or the City ot Arcadia, at lea.t thirty (30) but not ~re than .1xty (60) daya prior to the fil1na ot a complaint tor the enrorcement at such order,tirovlded, ho.ever, that when.. non-conf'01'llling use or .. non-contorm1na bu11ding h.s been discontinued for a period of n1nety (90) days, the structural alteration or removal ot .uch non-contora- 1nl building may b. required .ithin three (3) montha ..ft4r such determination, and the notice ot such dete1'lll1nation shall In such case be served upon the owner withln thirty (30) days atter such order i. made and f1nal notIce thereafter given as hereinabove pro- vIded." SICTION 3. The Secretary shall certity to the adoption ot thia R!.olution and shall caue. a copy of the same to be rorwarded to the City Councll ot the City of Arcadia. Pa..ed, approved and adopted the l;;;th day of O~tober , 1953. ~, a run 0 . ann g a_ission. I HEREBY CERTIPY that the toregoing Resolution wee adopted at a reCUlar meetins of the City Planning Commission of the City of ArcadIa held on the l~th day of Octobor , 1953, by the arfil'llllltive vote of at least three members, to-W1tl -3- . . . 4. HOM-CONPORMtHO BUILDINGS AND OSBS. ao It. prior to June 28, 1940. a one-taml1~ dwe1lins existed on a lot havins an area ot leas than t1ttean thouaand (15,000) square teet in Zone "R-1" and such dwelling is located so as to leave a building-site on the rront portion or the lot. including yard space. as required herein, then a one-ralll1ly dwelling may be erect- ed and maintained pn the tront portion of the same lot in the lD&nner provided herein, whereupon the said original d.e1Ung shall a.sume the atatua of . non-conforains u.e af&erined hereln. b. A non-con1'ol'lllin& bul1dins Jll&Y be continued untl1 ita re- moval or structural alteration 1s required a. hereinatter specItically provided, provided no additions or enlargements are made thereto and no structural alterations an made therein, except tho.e re- QUired br 1a.. If .uch non-contol'llllns building is reJlOved, every future use ot euch premises shall be in conformity with the pro- vision. ot thi. ordinance. c. The non-contormin& use ot a bulldins existing at the time this ordinance becaae etfective may be continued, provided: 1. 'l'h*t a non-conforming u.. ot a flIQDtoconfol'lllins but lding may be expanded or extended throushout such buildin& prodded no etructur- a1 alteration. except thoe. requIred by law are ..de therein. 2. 'n1at a non-contol'll1ng use ot a non-confol'lll1n& bulle!!ng .hall not be expanded or extended into any other portion ot the contorlll1ng building, and if such non-confol'lll1ng use 1. dlacont1nued, any tuture uae ot such buildlns shall be 1n conformity .ith th_ provisions ot th1s ordinance; provided. however, that all non-co~ol'lll- . ins u.e. ot a coll1'ol'llllns bulldins .hall be discontinued not later', than three (3) yeare tro. the etrectlve date 01' this ordinance. . 3. That in all "R" Zones every non-contorllling building t;ther than a residential building), .hlch .a. des1sned or intende4 for any Wle not permUted in such a Eone under the te1'lll8 ot tih3... ordinance shall be completel,. removed or so altered as to COnfor). structurall,. to the uae. permitted in such zone under this ordin- ~ ' snce withVeuch ti.. as 18 fixed b,. the Planning Commieslon anO approved b~ the Cit,. Council as herein provided. The ti_ thue -2-