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HomeMy WebLinkAbout1205 ~ ; .t. ~I . . . RESOLUTION NO. 1205 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA GRANTING ZONE VARIANCE V-82-1 TO ALLOW A BEAUTY SALON ON THE C-O & D ZONED PROPERTY AT 55 EAST LIVE OAK AVENUE. WHEREAS, an application was filed on August 2, 1982 by Nancy J. Pyle-Lowrie requesting a zone variance to allow a beauty salon in the C-O & D zone, Planning Department Case No. V-82-1, on property commonly known as 55 East Live Oak Avenue, more particularly described as follows: That portion of Lot 65 of the Arcadia Acreage Tract, located in the City of Arcadia, recorded in Book 10, Page 18 of Maps in the Office of the County Recorder of Los Angeles County. WHEREAS, a public hearing was held on said matter on August 24, 1982, at which time all interested persons were given full opportunity to be heard and to present evidence; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Planning Department in the attached staff report is true and correct. SECTION 2. This Commission finds as follows: 1. That there are exceptional or extraordinary circum- stances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. 2. That the granting of such variance will not be materially detrimental to the public health or welfare or injurious ., to the property or improvements in such zone or vicinity in which the property is located. . 3. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. 4. 'That the granting of such variance will not adversely affect the comprehensive General_plan. SECTION 3. That for the foregoing reasons, subject to approval of the City Council, this Commission grants a zone variance for a beauty salon in a C-O & D zone upon the following conditions: 1. That the property shall be improved and maintained as per plans on file in the subject Case No. V-82-1. 2. That the Planning Commission grants a modification to allow an 18 square-foot free-standing sign as per the location on ~ the plans on file in the subject Case No. V-82-1. 3. V-82-1 shall not take effect until the applicant and owner have executed a form available at the Planning Department indicating awareness and acceptance of the conditions of approval. 4. That a trash enclosure shall be provided as per Section 9261.6.7 of the Arcadia Municipal Code. SECTION 4. The Secretary shall certify to the adoption of this resolution. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the City of Arcadia on the 24th day of August, 1982 by the following vote: . -2- 1205 ~~:~~~~~~;'-'::~~"VW~~:'~.~~~;'~~.}~i~~.~~'-~.~~;~~~;.~9J~~l~~~~:t\:~";J.';:':iL~:;;i'~;-.i:?%::::,.;;};;:"~~1L~~j.i:g;.A.....:.,.;t;4.~';-;~trk~~f; . . ., ;-. . AYES: Fee, Dixon, Harbicht, Jahnke, Kuyper, Sargis and Kirkpatrick NOES: None ABSENT: None ABSTAIN: None . j.-RJJ-- . ATTEST: (t!f!!ta~ . -3- 1205 '. . AUGUST 24, 1982 TO: FROM: CASE NO. : PREPARED BY: GENERAL INFORMATION APPLICANT: LOCATION: REQUEST: . LOT AREA: FRONTAGE: EXISTING LAND USE & ZONING: SURROUNDING LAND USE & ZONING: GENERAL PLAN DESIGNATION: . CITY OF ARCADIA PLANNING COMMISSION PLANNING DEPARTMENT V-82-1 DONNA L. BUTLER ASSOCIATE PLANNER Nancy J.Pyle-Lowrie 55 East 1.iveOak Avenue Zone Variance to allow a beauty salon in a C-O & D zone (professional office with a design overlay), and a modification to allow an 18-square foot free standing sign. Approximately 16,090 square feet. 79 feet on Live Oak Avenue 150 feet on El Capitan Avenue The site is developed with a wood frame structure; zoned C-O & D. North: Developed with single-family dwellings; zoned R-l SOUTH: Developed with mixed commercial uses; zoned C-2 EAST: Vacant property and dental offices; zoned C-O & D. WEST: Developed with a savings and loan institution; zoned C-Q & D. Commercial , V-82-1 2. . HISTORY The existing building was constructed as a single-family dwelling in 1946. In March, 1976, plans were filed to convert the dwelling into a real estate office. Pursuant to the "D" overlay the Planning Commission, at its March 23, 1976 meeting, approved the conversion to an office use. On July 21, 1982, the City received a call from Mrs. Lowrie regarding transfering her beauty salon business license from the El Rancho Shopping Center to 55 East Live Oak Avenue. She was referred to the Planning Department by the Business License Office, at which time we explained to her that a beauty salon was not a permitted use in the C-O zone. Mrs. Lowrie advised this Department that she was ready to open her salon within the next week and that all necessary improve- ments had been made to the site. Staff explained that the City could not allow her to operate her beauty salon'at the location without an approved zone variance or zone change. This application is a result of that conversation. . SPECIAL INFORMATION The existing building contains 1,340 square feet of floor area. No structural alterations have been made to the building; however, two lavatories were installed under permit. The applicant has indicated that there will be six employees. The beauty salon will provide the following services: hair styling, manicuring, pedicuring, electrology, facial and skin care. Eighteen parking spaces are located on the site. Based upon the City's parking requirements of five parking spaces per 1,001 square feet of gross floor area, seven parking spaces would be required for this use. ' REQUIRED FINDINGS: The Planning Commission should examine the information and make findings which are relevant to the prerequisite conditions below: Section 9291.1.2 of the Arcadia Municipal Code states: "prereiuisite Conditions. Before a variance may be granted, it sha 1 be shown: . A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone or vicinity. V-82-1 3. . B. _That the granting of such variance will not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity in which the property is located. C. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity. D. That the granting of such variance will not adversely affect the comprehensive General Plan." Attached for your consideration are those pages of the application in which the applicant has stated her case regarding the afore- mentioned prerequisite conditions and a petition signed by 34 persons supporting the requested variance. ANALYSIS . A beauty salon is a permitted use in a C-l, C-2 and C-M zone. The C-O zone only permits business offices, professional offices and financial institutions. The C-O zone is the least intensive commercial zone and acts as a buffer when adjacent to residential properties. In order to allow the beauty salon at this site, there are two alternatives: (1) a zone change to C-1 (Limited Commercial), or (2) a zone variance. A zone change to C-l would allow many commercial uses which may not be as compatible with the residential property to the north as professional office uses. A zone variance, if granted, would be restricted to the beauty salon use and would not allow any other use on the site which is not otherwise permitted in the C-O zone. . Section 9291.1 of the Arcadia Municipal Code states: "When practical difficulties, unnecessary har~cfships, or-~ results inconsistent with the general purposes of this Chapter occur by reason of a strict interpretation of any of the provisions of this Chapter, the Planning Commission, upon its own motion or upon the verified application of any interested person, may in specific cases initiate proceedings for the granting of a variance from the provisions of this Chapter under such conditions as may be deemed necessary to assure that the spirit and purposes of this Chapter will be observed, public safety and welfare secured and substantial justice done." V-82-1 4. . It is staff's opinion that the granting of this zone variance would not be materially detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. There is sufficient parking on the premises whereby properties on El Capitan should not be impacted by the proposed use. The granting of this variance would not adversely affect the General Plan since the General Plan designation for this property is commercial. Although staff does not feel that this use, at this location, would have an impact on the neighborhood, granting of this variance could set a precedent. . If the Commission determines that this is an appropriate use of the subject site, staff would recommend approval of the 18-square foot free standing sign which will be mounted on the top of the wall at the corner of El Capitan and Live Oak Avenue. The City in the past has granted similar requests for free- standing monument signs in the C-O zone. Pursuant to the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed project. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been prepared for this project. RECOMMENDATION Based upon the fact that approval of this variance could set a precedent for other similar requests, the Planning Department recommends denial of V-82-1. If the Planning Commission determines that the requested variance should be approved, the Commission should make and act on the following motions: 1. "Move to approve and file the Negative Declaration and find that the project will not have a significant effect on the environment." 2. Move to waive the reading of the full body of Resolution No. 1205 (approving the variance). . '. , V-82-1 . 5 . 3. Move to adopt Resolution No. 1205 (approving the variance). If the Planning Commission determines that the requested variance should be denied, the Commission should make and act on the following motions: 1. Move to waive the reading of the full body of Resolution No. 1205 (denying the variance). 2. Move to adopt Resolution No. 1205 (denying the variance). . .