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Home My WebLink About0651 '. . " . . RESOLUTION NO. 651 A RESOLUTION OF THE CITY PLANNING CO~~ISSION OF THE CITY OF ARCADIA DENYING THE GRANTING OF A VARIANCE ON PROPERTY AT 131t EAST HUNTINGTON DRIVE. WHEREAS, John Brisick, lessee of property known as 131t East Huntington Drive, and more particularly described as follows: The east 10 feet of Lot 8 and the west 30 feet of Lot 9, Block 75 of Arcadia Santa Anita Tract in the City of Arcadia, County of Los Angelf!s, State of California, Book 15, Pages 89 and 90 of Miscellaneous Records of the, Office of the County Recorder. Except therefrom the southerly 15 feet of said Lots 8 and 9, now within Huntington Drive, 90 feet wide, has applied for a variance from the provisions of Article IX, Chap- ... ter 2, Zoning Regulations, to use the property at said address for a cocktail lounge and restaurant; and WHEREAS, after due notice a public hearing was held before this Commission on June 11, 1968, at which time all interested per- sons were given full opportunity to be heard and to present evidence,; NOW, THEF.EFORE, THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA, HEREBY DETERMINES AND RESOLVES AS FOLLOWS: SECTION 1. That the property described above is located in the C-C Zone; that use of said property for a cocktail lounge and restaurant is a use not permitted in a C-C Zone; that there are no exceptional or extraordinary circumstances or conditions appli- cable to the property involved or to the intended use o.f the prop- ... erty that do not apply generally to the property or class of use in the same zone or vicinity; that the granting of sucll a variance would be detrimental to the other property and improvements in said C-c Zone; that such variance is not necessary ,for the preservation -1- 651 v' \~ ",-& . . . and enjoyment of a property right of the applicant possessed by other property in said zone; and the granting of such variance would adversely affect the planned use of the property in the C-C Zone. SECTION 2. That for the foregoing reasons, this Commission hereby denies the requested variance to use the above described prop- erty for a cocktail lounge and restaurant. . SECTION 3. 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 City Planning Commission held on the day of , 1968. AYES: NOES: ABSENT : Chairman ATTEST: Secretary . -2- 651 '" 'o... :.~ {J~ . . .. . June I J, 1968 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT , SUBJECT: VARIANCE APPLICATION V-68-1. SUBJECT SITE lOCATED AT 131 & 131 1/2 EAST HUN T1NGTON DRIVE APPlICA TION This applicatian is filed in the, name af John Brisick, lessee af afarementioned property, for the purpose af using the building for a cocktail lounge and restaurant. (Note: Bars and cacktail lounges are not a permitted use in Zone C-C. The previous aperation af the business was based on its nan-canforming use rights. These rights expired when the business was nat in operatian far a periad in excess of 90 days.) SURROUNDING LAND USE AND ZONING The property immediately to the narth, east and west is zoned C-C andD H as is the subject property. Across Huntington Drive to the south property is zone'd C-l and D H. . ANALYSIS In arder to qual ify for a variance a praperty must meet four canditions: 1. That there are exceptianal or extraardinary circumstances ar conditians 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 ar vicinity. 2. That the granting of such variance will natbe materially detrimental to the public health or welfare or injurious to the property or improvements in such zone ar vicinity. 3. That such variance is necessary for the preservatian and en joyment of a substantial property right of the appl icant passessedby ather property in the same zon e and vicinity. 4. That the granting af such variance will not adversely affect the con:tprehensive general plan. . The staff has reviewed the appl ication, the site and plans. The findings indicate that the applicatian does nat meet the requirements af all?f the faur above mentioned canditions. In particular with reference to candition number three the purpose of a variance is to modify the application of the zaning ordinance as it applies to property to bri"g the privileges of that property ta parity with the other properties similarly located and c,lassiHed. The subject property does not have any characteristics that are different from the other properties. S'~ (pS , , . . . . . Variance Application V-68-1 131 and 131 1/2 E. Huntington Drive June 11, 1968 Page 2 Other properties within the same vicinity that are used far cacktail lounges enjoy that privilege because of their nan-conforming status. They, if discontinued for a period in excess af 90 days would lose thase rights as the subject property has. With reference to coildition number 4, the granting af a varianc,e for this particular use wOlJld grant a use otherwise not permitted in the Community Commercial Zone (C-C). There have not been previous variances granted far this type use in this zone, thus na precedent has been set. Therefore the grant ing of this variance would be endowing the property with a special privilege denied to other properties under similar circumstances. To grant the cantinued aperation af a non-permitted use in this lacation wauld be, in the opinion offhe staff, not in keeping with the plan for the area. REC:OMMENDA 11 ON The Planning Department recommends that the Variance be denied because legal means are not apparen t to perm i t any other action. PLANNING DEPARTMENT WILLIAM PHELPS, Planning Director @~J5?~ CARROLL B. BENSON Assistant Planner WP:CBB:ec . " . SANTA CLARA ;SO \ 'I . ST. -:..: I. ) ) () ;....... -u \ ' - }:_2~~ ~~) I' ~ j , , ,I \2/) , I '. I ',' . . , ~i " ,,<-~I --=~" ~ '%. - - ALLEY CaC ~ 1D I l I 80 g WHEEL~R/ ".f.' [>'95 I 50 ~:~S-' c:. ro I . ~ 94 10 t;j\ L! ~ ? Roe N6 .......,f1Ep. / '-;1""" 29f"'..-..~ _:~()K ~ 26[,./'7 @ 30 2rp '~:=~20~ @ C C r .so "'b ID' '." AVE. . " " ~.<<1''''' "'''- """ ~ .$?>IN. I- ~ I.J.. ill ------'? <t ~ ...'3:1RK/A/19 @ @ @ @) 80 b .' "2 N ALLEY ! Ie = 40' I. ~ EXISTING ASPHALT PAVING USED FOR PARKING 8~O z'" ..," :eO> "0,.., ~5~ 20 "'''or ~~.~ . LEGAL: 40 THE: E:ASTE:RLY 10 FE:E:T OF LOT I 4 ~ I 8 AND THE: WE:STE:RLY 30 FE:E:T I OF LOT 9 IN 8LOCK'75 OF ARCA- 0: I OIA SANTA ANITA TRACT, M. 8,15- - g I II) 89/90, ~ :0 I ~ E:XCE:PT THE:RE:FROM THE: ~TH- (l] I " " ~ E:RIY 15 FeE:T OF SAID LOTS 8 ~ 0: I ANO 9, NOW WITHIN HlINTINGTDN ~ III 1 .... c; .... ..... ORIVE:,,90 FE:E:T WIDE:. 0 ..... C EXWTI NG :>.. c; ..J :>.. .... 0 -!!j '" .... g I 51 ORY a; ..J !l:: '" '" g; B~DG. 2 z ~o -0 Q,: '" LE:SSOR, JOSHlIA LANDIS !11:) z z ~- ILl I ~ 2449 E:. WALNlIT CRE:E:K P ~ Z z WE:ST COVlNA, CALIF. 0 ..J I 0: .., <( 0 PHONE:: E:D9-9900 0' I ILl .., 0<1 III 0 . , ILl > 0<1 LESSE:E:.. JOH(oI BRISICK 1 ,', ..J 1 <( I U en 0 'I ~ 5411 SE:PlIlYE:DA BLVD '" d '1 ..J :I: I '" '" CilLV.R CITY, CALlE 90230 :'. 0<1 ~ 1 ..... PHONE:.. E:X 7'2240 en Z :> 1 .. I I-' It) I !!! 9 1 , I ZONE:c-caOH ,I DOOR 40' ~ ... Ie = 40 -.. SIDEWALK I I e, en HUNTINGTON DRIVE '0 J> l ZON: ~~G ATL.AS BOOK N9 5 PAG~ ~49 GRID "G-71 BMSJOB N9 Z~2864 PLOT PLAN @ BREWSTER MAPS 5110 Hunfin ton oriv. Los An eles California 90032 Phone: 225"5931 CASE N9 DATE MAY 28.1968 SCALE I"' 16' USES FIELD OM. . . . . . '- NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY PLANNING COMMI SSION Variance and/ar C. u. P. 68-11 WHEREAS, JOHN BRISICK, Lessee afreal property lacated within the City of Arcadia, Cal ifarnia, and hereinafter described, has filed with the Planning Cammissian of the City of Arcadia a Variance and/or Conditional Use applicatian" The subject property is located at 131-131 1/2 E. Huntington Drive and is in Zone C-c. The legal descrip1'ion of the property is: The east 10 feet of lot 8 and the west 30 feet of lot 9, Block 75 af Arcadia Santa Anita Troct in the City af Arcadia, County af los Angeles, State af California, Baok 15, Pages 89 and 90' of Miscellaneaus Records of the' Office of the County Re,carder. Except therefrom the southerly 15 feet af said lots 8 and 9; now ' within Huntingtan Drive, 90 feet wide. ' ; The applicant requests a permit to use the above describedp,roperty for a cocktail bar and restaurant. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that an Tuesday, June.ll, 1968, at the haur of 8:00 o'c1ack p.m. in the Council Chamber of the-Gity Hall, 240 West- Huntingmn Drive, Arcadia, California, the Planning Commission will hol~ a_public hearing. an the request. An apportunity will be affarded to persons particularly interested and the, publ ic generally, ta be heard on all matters concerning said appl ication. Dated: May31,1968. PLANNING COMMISSION OF THE CITY OF ARCADIA, ~JORNIA M' ~~ WILLIAM PHELPS Secretary af Arcadia Planning Commissian ,)