City Council Minutes
4/23/2008 12:07:41 PM
4/10/2008 9:55:39 PM
CC - Minutes
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<br />17 :.6838 <br /> <br />Henry H. Hege, 651 W. Duarte Road, representing the owners of the <br />property, explored the background of the subject area and its <br />annexation to the City and its rezoning. He referred to the <br />increased traffic, the handling of which is being expedited by the <br />installation of traffic signals; the existing improvements in the <br />area which in the main are commercial on the opposite side of the <br />street. He stated in part that although the Planning Commission and <br />the Planning Department feel the area is correctly zoned, in his <br />opinion R-3 zoning is erroneous; that with such zoning about fifty <br />percent of the land would have to be set aside for setbacks; that I <br />which would be necessary to provide parking would be considerable and <br />that the renting of improvements would be difficult at this particu- <br />lar corner. He advised that the owners would build a home on the <br />portion of property facing Golden West (not contemplated to be <br />leased) which would enable them to move away from the noise and <br />traffic of the corner ~nd that to deny the property right of the <br />owners for the use of their property would be an abuse of discretion; <br />that in his opinion such a decision would be reversed in a court of <br />law in a mandamus proceed~ngs. <br /> <br />The Planning Director explained that the service station on the south <br />side of Duarte Road facing the subject property was not there under <br />a conditional use permit; that it was constructed during the time <br />when the zoning on the property permitted service stations; that the <br />same applies to the liquor store immediately to the west of the <br />service station. He advised that the signs presently in operation <br />are non-conforming and that there is an ordinance whereby these signs <br />must comply with the regulation within a 3 to 5 year period; that <br />when the Shopping Center on the southeast corner was being proposed <br />it was determined that there was no need for another service station <br />in this area. With reference to the setback requirement he stated <br />in part that on many occasions the City Council has authorized <br />modifications granting relief on excessive setbacks which were <br />established many years ago and that the Commission was particularly <br />concerned with the possibility of commercialization from Baldwin <br />Avenue on both sides of Duarte Road all the way westerly to the <br />subject site. <br /> <br />Letters favoring and opposing the conditional uSe permit were <br />received for the record solely for the opinions expressed therein <br />and the hearing was CLOSED on MOTION by Councilman Considine, <br />seconded by Councilman Butterworth and carried unanimously. <br /> <br />In response to an inquiry by Councilman Considine the Planning <br />Director stated that in his opinion the corner could be developed <br />with R~3 use, but that. such statement might not be true in another <br />community with different regulations. <br /> <br />Councilman Hage observed that it should be noted that the City Council I <br />is not limiting service stations as such; that it is not intended to <br />make a determination as to whether or not there is a sufficient <br />number of a given business; that economics would be the factor there; <br />that the decision is to be whether or not the requested use is a <br />proper one in this area. <br /> <br />Reference was made by Mayor Forman to the conditions which have been <br />stipulated by the Commission if the conditional use permit were <br />approved. <br /> <br />Appeal <br />denied <br /> <br />It was MOVED by Councilman Hage that the decision for denial by the <br />Planning Commission be upheld and that the appeal for its reversal <br />be denied. The motion was seconded by Councilman Butterworth who <br /> <br />2. <br /> <br />8- 2- 66 <br />
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