CC RESOLUTION 1525RESOLUTION NO. 1525
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, CONCURRING IN THE
FINDINGS AND DETERMINATIONS OF THE CITY PLAN-
NING COMMISSION OF SAID CITY AS SET FORTH IN
RESOLUTION NO. 221 OF SAID COMMISSION, WITH
THE EXCEPTION OF FINDING NO. 1 AS SET FORTH
IN SAID RESOLUTION, AND DENYING THE APPEAL
OF HAROLD LEAR IN SAID MATTER, AND ACCORDINGLY
DENYING THE ZONE VARIANCE APPLIED FOR.
WHEREAS, an application for a zone variance was here-
tofore filed by Harold and Doris A. Lear with the Planning Commis-
sion of the City of E1 Segundo, California, and said application
was thereupon and thereafter duly, regularly and lawfully processed
and heard by said City Planning Commission, all as contemplated in
and under the provisions of Ordinance No. 434 of said City; and
WHEREAS, after such processing and hearing said Com-
mission did duly and regularly, at a meeting of said Commission
held on the 6th day of June, 1955, adopt the following resolution,
to wit:
"RESOLUTION NO. 221
A RESOLUTION OF THE CITY PLANNING COMMISSION
OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENY-
ING THE REQUEST OF HAROLD E. AND DORIS A. LEAR
FOR VARIANCE COVERING THE WESTERLY 50 FEET OF
LOT 5, BLOCK 3, TRACT 1685, EL SEGUNDO
WHEREAS, on May 31, 1955, a properly advertised hear-
ing was held in the matter of the application of Harold E.
and Doris A. Lear, 3712 West Century Blvd., Inglewood, Cali-
fornia, for a variance to erect a house on the westerly 50
feet of Lot 5, Block 3, Tract 16$5, a substandard parcel of
land, and
WHEREAS, testimony of the applicant indicated that
on or about April 6, 1955, he purchased said undersized
lot with the belief that it could be legally built upon, and
WHEREAS, the present owners of Lot 5, except the
westerly 50 feet, of Block 3, Tract 1685, testified that
they were told verbally they were purchasing the entire
MW
and
Lot 5, together with house, when their papers went in
escrow in September, 1954, but when the papers came out
of escrow in April, 1955, they found their property did
not include the westerly 50 feet of Lot 5, but that it had
been sold to someone else, and
WHEREAS, further testimony supported the fact that
the entire Lot 5 had been sold as one lot at least twice
since the adoption of Original Ordinance No. 306, and
WHEREAS, a report by the Commission's Consultant
substantiated the result of the Commission's study of the
Ordinance in stating that the fragment of land in question,
being created subsequent to February 22, 1947, the effec-
tive date of Ordinance No. 306, cannot be legally recog-
nized as a separate parcel within the meaning of Ordinance
No. 434, and
WHEREAS, as a result of testimony given, report ren-
dered, evidence presented, documents examined, the Commis-
sion finds as follows:
1. That in view of the circumstances of the sale of
the two segments of Lot 5, Block 3, Tract 16$5, to the pre-
sent owners, there exist a possibility of irregularity in
the representation of the facts concerning said lot to the
buyers.
2. That the applicant purchased the substandard
lot in good faith with the understanding that it could be
built upon, and has recourse to civil law in getting re-
dress from the seller.
3. That the granting of this variance would nulli-
fy that portion of Ordinance No. 434 pertaining to minimum
lot size, and would give encouragement to other property
owners and real estate agents to have lots illegally divided
into substandard parcels, and then petitioning for legal
sanction by reason of tfait accomplit.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Com-
mission recommends that the application in question be denied,
and FINALLY RESOLVED, that a copy of this Resolution be for-
warded to th City Cou cil fo its c n id t"on.
Passee�, approved and adopted WS: EEO day of June,
1955.
L. A. ALLEN
Chairman of the City Planning
Commission of the City of
E1 Segundo, California
GEORGE E. BINDER
Secretary of the City P107
ning Commission of the City
of E1 Segundo, California
n.
,
WHEREAS, thereafter and within the time permitted under
the provisions of said Ordinance No. 434, an appeal in writing
from the decision and action of said City Planning Commission as
made in its said Resolution No. 221 was duly and regularly filed
with the City Council of said City; and
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WHEREAS, said City Council did thereafter duly, regu-
larly and lawfully process and hear the matter of said applica-
tion, the action of said City Planning Commission in denying the
application for zone variance, and the said appeal from said
decision and action of said Commission as expressed in said Re-
solution No. 221 of said Commission, hereinabove set forth;
WHEREAS, said City Council has now reached its decision
in the said matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SE-
GUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. Said City Council does hereby find and de-
termine that each and all of the facts recited in the preamble of
this resolution are true.
SECTION 2. That said Council does hereby (1) make the
same findings and determinations with reference to the applica-
tion of said applicant as were made by the City Planning Commis-
sion of said City and as set forth in its Resolution No. 221,
hereinabove set forth in the preamble to this resolution, save
and except that this Council does not find (as set forth in "1"
of said Resolution No. 221) that there was any irregularity in
the representation of the facts concerning said lot to the
buyers; (2) sustain the findings, determinations and action of
said City Planning Commission with reference to said applica-
tion; and (3) in view of the foregoing recitals, findings and
determinations, deny the said application of said applicant and
deny the said appeal of said applicant.
SECTION 3. That the City Clerk is hereby authorized
and instructed to forward a copy of this resolution to the City
Planning Commission and a like copy to the applicant for their
files and information in the premises.
SECTION 4. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in
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the book or original resolutions of said City; and shall make a
minute of the passage and adoption thereof in the records of the
proceedings of the City Council of said City, in the minutes of
the meeting at which the same is passed and adopted.
Passed, approved and adopted this 2 7th day of July,
1955•
ATTEST:
City C erk
(SEAL)
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, ) SS.
CITY OF EL SEGUNDO. )
Mayor o the City of
E S ndo,
California.
I. Neva M. Elsey, City Clerk of the City of El Segundo,
California, do hereby certify that the whole number of members
of the City Council of the said City is five; that the foregoing
resolution, being Resolution No. 1525, was passed and adopted by
the said City Council, approved and signed by the Mayor of said
City, and attested by the City Clerk of said City all at a regu-
lar meeting of the said Council held on the 27th day of July,
1955, and that the same was so passed and adopted by the follow-
ing vote:
AYES: Councilmen Frederick, Gordon, Swanson and
Mayor Selby;
NOES: Councilmen None;
ABSENT: Councilman Baker.
WITNESS my hand and the official seal of said City this
29th day of July, 1955•
(SEAL)
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city Clerk of the C o
E1 Segundo, Californ' .
'4�'��b filed