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<br />428';- <br /> <br />HEARING <br />(Arcadia <br />Masonic <br />Temple) <br />3rt <br /> <br />HEARING <br />(Budget) <br />t.'/5 <br /> <br />Mayor Phillips declared the hearing open on the appeal from <br />Planning Commission Resolution No. 285, recommending denial of <br />zone variance request to allow automobile parking on the rear <br />portion of property located at 140 East Duarte Road, and stated <br />that now was the time to hear from the appellant: <br /> <br />Mr. Wm. N. Bowie, Jr., Attorney at law, 200 So. Garfield, <br />Monterey Park, addressed the Council, stating that he was <br />appearing on behalf of his client, the appellant, Arcadia <br />Masonic Temple Association, Inc.; that since filing notice of the <br />appeal the appellant has been advised of the intention of owners <br />of adjacent property to file similar applications for zoning <br />variance which would affect a wider area along Duarte Road <br />between First and Second Avenues; that his client therefore <br />requests that the Council re-refer this matter to the Planning I <br />Commission for further study along with the other applications <br />that should be forthcoming; that his client further asks that <br />jurisdiction be retained by the Council to consider the appeal <br />from the negative recommendation in the even~ the other <br />applications for zoning variances are not forthcoming. <br /> <br />Whereupon Councilman Reibold moved that the recommendation of <br />the Planning Commission, contained in its Resolution No. 285, <br />in the matter of the appeal of the Arcadia Masonic Temple <br />Association, Inc. be referred back to the Planning Commission <br />for further study and report, with instructions to reset the <br />matter for hearing in the event that applications for zone <br />variances be filed with the Planning Commission affecting <br />adjacent properties. Councilman Balser seconded the motion. <br /> <br />Mr. Richard A. Nash, 1023 Greenfield Avenue, addressed the <br />Council, stating that he desired to propose an alternative to <br />the above motion, to wit, that the Council deny the above <br />petition without prejudice and suggest to the Arcadia Masonic <br />Temple Association that if they are going in with another group <br />that an entirely new petition be filed with the Planning <br />Commission. <br /> <br />To Mayor Phillip's question as to whether or not the terms of <br />the Planning Commission could be altered, the City Attorney <br />answered that if the Planning Commission re-notices the matter <br />for hearing it may change its basic recommendation. If it does <br />not, then it can only report on the matter but cannot change its <br />resolution. He added that the suggestion of Mr. Nash was <br />perfectly proper, but there would be the requirement of a new <br />application fee if the appellant refiles and the question of <br />time; that if the other applications are not filed and Council <br />has denied this one, then the appellant is back where it started. <br /> <br />Upon Mayor Phillips assuring Mr. Nash that the Council was trying <br />to protect the surrounding property owners, Mr. Nash commented that he <br />had no stringent objection to whatever action Council takes. <br /> <br />Whereupon Mayor Phillips called for a roll call vote on the <br />motion that had been made and seconded and the Councilmen voted <br />as follows: <br /> <br />I <br /> <br />AYES: Councilmen Balser, Jacobi, Reibold, Phillips <br />NOES: None <br />ABSENT: Councilman Camphouse <br /> <br />Mayor Phillips declared the hearing open on the proposed <br />budget for the fiscal year 195ij-1959. <br /> <br />No one desiring to be heard Councilman Jacobi moved that the <br />hearing be closed, which motion was seconded by Councilman <br />Reibold and carried unknimously. <br /> <br />2. <br /> <br />6-17-5ij <br />