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HomeMy WebLinkAbout0233 .. , l-t. . . RESOLUTION NO. 233 . A RESOLUTION OF TlfE CITY PLANNING CO[~IISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOW~ING DENIAL OF A REQUESTED VARIANCE OR SPECIAL USE PERMIT TO ALLOW PROPERTY IN AN R-l ZONE TO BE USED FOR A MORTUARY. WHEREAS, Jehanna M. Wenz, as ewner, en September 21, 1956, filed an applicatien fer a zene variance er special use permit to' allew the use fer a mertuary af preperty at 1620 Seuth Santa Anita Avenue, described as fellaws: The west half of the seuth half ef Lot 33, Arcadia Acreage Tract, as shewn en map recerded in Beok 10, page 18, ef I-laps, records of Los Angeles Ceunty, except therefram that partian included within Tract NO'. 19769, and, . '~rlEREAS, after netice required by Ordinance NO'. 760 0: said City, a public hearin6 was duly held on the matter by and be- fere this Cemmissi@n en the 23rd day ef October, 1956, which hea:c- ing was dUly centinued to' Navember 13, 1956, at which times all interested persons were ~iven a full oppertunity to be heard and to present evidence; NOW, TlfEREFORE, THE CITY PLANNING COMfUSSION HEREBY DETER- MINES AND RESOLVES AS FOLLOWS: SECTION 1. That there were pretests against the Granting of the requested variance ar special use permit filed by tlie follow- ing; organizations: Episcapal Diecese ef Los Angeles, Board af the Arcadia Unified Scheel District, The Arcadia F. T. A. Ceuncil, the Santa Ani ta p. T. A., the Execu ti ve Beard of tIle San ta Ani ta 1'. T. A., . the Richard Henry Dana, Jr. P. T. A., the Hugo Reid P. 'E. A., the CaminO' Greve P. T. A., the Helly Avenue F. T. A., the Rancho Santa Anita Residents' Association, the Banta Anita Residents' ASllccia- tien, the Santa Anita Village Cemmunity Association; a petitien pre- testing the Same signed by ever 1800 property ewners between Duarte Raad and Live Oak Avenue; and written protests by numereus ,- -1- "/:' ' 233 " .' . . individuals, many of which were supplemented by further oral pro- . test.s. In addition to the applicant, only one property oVlner Nithin a radius of 300 feet affirmatively supported the application; that applicant submitted a petition signed by 108 persons residing throughout the city and even beyond its limits. SECTION 2. That while the size of the house ~,d the par- cel of land upon which it is sitmated, and its location near a pub- lic school and church might be considered exceptional or extra- v ordinary circumstances, these were t:ise conditions in existence at the time the property was purchased by the present owner a little over a year ago. That churches and particularly schools are essential to residential ~reas and should not be considered as the basis of special use permits for proprietary businesses. That no evidence . was presented to show that the variance requested Vlas necessary for the preservation and enjoyment of property rights of the applicant possessed by other property owners in the same zone and vicinity. SECTIOtl 3. That the grantine; of the requested variance would constitute spot zoning, inasmuch as the 11earest commercial uses are three-fourths of a mile to the north and three-fourti1B of . a mile to the south of subject property; would adversely affect the comprehensive general plan, and might well be the beginning of addi- tional variance requests. That the location of a mortuary in that particular residential zone would unquestionably depreciate prop- erty values and would be injuriOUS to other property in the same zone and vicinity. That the location of a mortuary within a densely settled residential area would by its very nature be materi- ally detrimental to the public health or welfare of the property owners and residents in the surrounding residential area. SECTION 4. That for the foregoing reasons, thin Comrais- aion recommends to the City Council of the City oi' Arcadia that the request of Johanna 11. Wenz for a zone variance and special use -2- 233 :~ . . . permit, and each of them, be denied. . SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I }ffiP~BY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Planning Commission held on the 2"(th day of November , 1956, by the following vote: AYES: Commissioners Ba15er, Robertson, Sorenson and Vac~10n NOES: None ABSENT: CommissionerE Acker, Daly and Pratt . ATTEST: f~. ~(~V.' Secretary . -3- 233