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Ordinance - 404i ORDINANCE NO.404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IfEST:'COVINA , CALIFORNIA, MAKING A CONDITIONAL VARIANCE TO CERTAIN PROVISIONS OF ORDINANCE NO.147 OF SAID CITY, PURSUANT.TO SECTION 15 THEREOF (Evangelical Lutheran -Synod). THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: SECTION 1. The petition of the Evangelical Lutheran Synod of the Pacific Southwest having been filed in the office of • the City Planning Commission pursuant to Section 15 of Ordinance No.147 of the City of West Covina establishing zones or districts and regulating therein the use of land, height of buildings and yard spaces, adopted on the 21st day of January, 1948, as amended, asking that a variance be made affecting the zone classification of the property described in said petition and setting forth the specific reasons therefor and the circumstances in connection therewith, and recommendation having been made by the Planning Commission, after appropriate public hearings, to this Council, and a full investigation and consideration of the facts having been made by this Council through duly advertised public hearing pertinent to such petition; the Council determines that there are exceptional or extraordinary circumstances or conditions applicable to the property involved and • to the intended use thereof that do not generally apply to the property or classes of uses in the same zone or district.in which said property is located, and that the granting.of said petition will not be inconsistent with the general purposes of Ordinance N0.147 as amended: THIS OOUNCIL, THEREFORE, grants a variance from the pro- visions of said Ordinance No.147 as amended, but only so far as such variance is necessary to permit the following described real property, M-C to wit: The westerly 330 feet of the easterly 990 feet of Lots 274 and 282 of E.J.Baldwin's Fifth Subdivision of a portion of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in Book 12, Pages 134 and 135 of Maps, in the office of the County Recorder of said County. Reserving an easement over the northerly 10 feet of said land for ingress and egress, together with the right to dedicate the same • for public road purposes. Exception therefrom the 11precious metals and ores thereof" as excepted from the partition between John Rowland Sr. and William Workman to be used for church purposes, said property being located on the south side of Merced Avenue, immediately east of 1020 East Merced Avenue and east of Valinda Avenue, in said City of West Covina. This variance is expressly granted upon the following terms and conditions: (1) That the necessary area for the widening of Merced Avenue be deeded to the City of West Covina; (2) That all street improvements outlined in Section 49 of Ordinance No.225, including utilities, be installed accordingly and meet the approval of the City Engineer. This to include street • lights and sidewalks; (3) That adequate water supply and fire protection be provided; (4) That a sixty (60) foot easement for street purposes be provided along the westerly boundary of aforesaid property for a distance of 140 feet south of Merced Avenue, said easement to Purve into and join' a thirty (30) foot easement in, over and upon the remaining portion of the property to be used for a future street as -2- indicated on the plot plan of the area which shall be revised to accomodate the proposed street along the west and south sides of said property, all subject to the approval of the City Engineer; (5) That there be constructed and maintained a. six (6) foot masonry wall or woven wire fence along the east side and south sides of this property for the protection of the adjoining residential • property, subject to approval of Building Inspector of the City; (6) That all bonds, fees and deposits for improvements be posted before building permits are issued; , (7) That the development conform to the revised plot plan approved for this area; (8) That petitioner enter into a suitable agreement with the City to provide for and guarantee the installation of required street improvements along the west and south sides of property, not to be installed.k. at this time; and (9) That the variance hereby granted does not permit, allow or include the use of said property for day school activities of any kind. • SECTION 2. The City Clerk shall certify to the adoption of this Ordinance, and prior to the expiration of fifteen (15) days from the passage thereof,, shall cause the same to be published once in the West Covina Tribune, a newspaper of general circulation, published and circulated in the City of West Covina, and thirty (30) days from and after the passage thereof said Ordinance shall take effect and be in force. ATTEST• City Clerk -3- I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of 'West Covina, held on the 27th day of June, 1955, by the affirmative vote of at least three Councilmen, to wit: • AYES: Councilmen JAMES W. KAY BVRT C. VAN HORN JAY D. BROWN NOES: N. V F JOE HURST, MAYOR ABSENT: J. CAL SPERLINE City Clerk of the City of West Covina • ME