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RESOLUTION NO. 137
A RESOLJTION OF THE CITY PLANNING COMMISSION OF
THE CITY OF ARCADIA. CALIFORNIA. MAKING CERTAIN
FINDnmS AND RECOMMENDATIONS UNDER THE AUTHORITY
OF SECTION 15-A-l OF ORDL~ANCE NO. 760 REGARDING
THE CLASSIFICATION OF SWIMl\lING POOLS
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WHEREAS. Ordinance No. 760 of the City of Arcadia provides
in part as follows:
"Except as hereinafter provided, no building shall
be erected, constructed, reconstructed or estab-
lished, nor shall any building or land be used for
any purpose other than is permitted in the same
zone in which such building or land is located.
If any "use" is for any reason omitted from the
lists of those specified as permissible in each of
the various zones herein designated, or if ambi-
guity arises concerning the appropriate classifi-
cation of a partiCUlar use within the meaning and
intent of this ordlnance. or if ambiguity exists
with reference to matters of height, yard require-
ments, or area requirements as set forth herein and
as they may pertain to unforseen circlJmstances, it
shall be the duty of the City Planning Commission
to ascertain all pertinent facts concerning said
use and by resolution of record set forth its find-
ings and the reasons therefor. and such findings and
resolutions Shall be referred to the City Council
and, if approved by the City Council, thereafter
such interpretation shall govern."
and
WHEREAS. Section 2 of said Ordinance No. 760 defines a
yard as "an open space other than a court. or a lot. unoccupied and
unobstructed from the ground upward". am.
WHEREAS, Section 2 of said Ordinance No. 760 defines a
structure as "anything constructed or erected. which requires loca-
tion on the ground or attached to something having a location on the
. ground. but not including fences or walls used as fences less than
six (6) feet in height"; and
WHEREAS, swimming pools are not specifically mentioned in
Ordinance No. 760 as a use permissible in any zone but pri vate
swimming poolS have been consistently accepted as a use permissible
in a Zone R-lj and
WHEREAS, uncertainty and ambiguity exis t with reference to
matters of yard requirements as affected by the aforesaid definitions
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137
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. of yard and structure, particularly as applied to swimming pools in
residential areas; and
WHEREAS, this Commission did heretofore, on April 13, 1954.
adopt its said Resolution No. 146 entitled dA RESOLUTION OF THE CITY
PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, MAKING CER-
TAIN FINDINGS AND RECOMMENDATIONS RELATIVE TO THE PROPOSED AMENDMENT
OF ORDmANCE NO. 760 OF SAID CITY" wherein and whereby it made recom-
mendations concerning the location of private swimming pools with
reference to required yards; and
WHEREAS, the City Planning Commission has ascertained llI.l
pertinent facts concerning said situation and fully considered the
matter;
NOW, THEREFORE, the City Planning Commission of the City
. of Arcadia does hereby determine and resolve as follows:
SZC'tION 1. That a private swimming pool is a strtIl ture
within the aforesaid definition of structure end the location of a
private swimming pool shall be deemed a structure when and for the
purpose of determining the requirements for front. side and rear
yards and computing area requirements under and in accordance with
the terms and provisions of said Ordinance No. 760.
SECTION 2. The Secretary shall certify to the aCbption
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of this Resolution and shall cause a copy of the same to be for-
warded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution was adopted
at a regular meeting of the City Planning Commission held on April 27,
1954, by the followinG vote:
AYES: Commisstoners Anderson, Balser, Berky, Knopp, Pratt,
Robertson and Sorenson
NOES: None
ABSENT: None
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B to the property or improvements in such vicinity or
\~~ the subject property is located.
~o;:
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! said Tract No. 19503 for secondary aooess to the lots
That the provision, dedication and improvement of
provide for a better development of the area involved and
ty warrant but indioate the desirabili;ty of the variance
,mafter recommended. that the size, shape and applioable zon-
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!of the subject lots make compliance with front, rear and side
't'd requirements presently applicable undesirable and extremely
difficult, if not impossible; that this circumstance is exceptional
and not generally applicable to the property in the same vicinity
and zone.
6. That for the above reasons this Commission recommends
to the City Council the granting of a variance changing the tront
yard requirements of twenty-five (25) feet to twenty (20) feet.
affecting all properties facing proposed Southview Road in Tract
No. 19503 in the City of Arcadia.
The Seoretary shall certify to the adoption of this
Resolution. and shall forward a copy of the same to the City
Council of the City of Arcadia.
I HEP.EBY CERTIFY that the foregoing Resolution was
adopted by the City Planning Commission at a regular meeting held
on the 23rd day of February, 1954, by the following vote:
AYES: Commissioners Anderson, Balser, Berky, Pratt, Robertson
and Sorenson.
NOES: None.
ABSENT: Commissioner Knopp.
d~
Chairman Pro-tem
ATTEST:
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I1v aJ.h
Secretary I
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