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HomeMy WebLinkAboutReso 1966-4212RESOLUTION N0. 4212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF THE UNION OIL COMPANY FROM THE PLANNING CONll~'IISSION DENIAL OF THEIR REQUEST FOR A VARIANCE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Planning Commission has heretofore held public hearing on the 15th day of August, 1966, to consider the ~plication for a variance for reduction of front yard setback from n feet to eight feet nine inches for canopy, identification sign, ea lighters, and price signs in connection with a service station, bmitted by the Union Oil Company, for the property located at the ~rtheast corner of Melrose and Orange Avenues, and WHEREAS, the Planning Commission, by a vote of 3 to 1, proved said request for a variance based upon the following findings fact: Exceptional circumstances for the setback reduction - because of the shallow depth of commercia zoning 101') the canopy must project into the front setback area (4' maximum pro- jection). Preservation of a substantial property right - because of the shallow depth, good site layout is difficult. This variance is necessary to properly utilize the land and allow for the proper coverage of the pump area. Granting this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone involved - if the setback is re- duced only for the canopy overhang. Exceptional circumstances for the sign area - the staff finds it difficult to find exceptional circumstances here other than possibly the fact that most service stations have not been restricted in this manner. All existing service stations within the C-N zones have been granted approval for larger sign areas (150 to 200 square feet) under the previous zoning. Service stations indicate a need for such signing to do business, as opposed to other retail uses. Preservation of a substantial property right - the amount of signs and area is less than that normally approved for a ser- vice station site. This would be the minimum amount of signs that would properly identify their particular service station. Granting this variance will not be materially detrimental to the public .we fare or injurious to the property or improvements in this zone. The amount of signs requested are less than the amount of signs granted to other stations on similar sites. The signs involved in excess of allowed area are conservative; and flush with tiie building. WHEREAS, Section 33.69 of the Chula Vista City Code requires that the approval of a variance requires the affirmative vote of four members of the Planning Commission and therefore the request was deemed denied, and WHEREAS, the Union Oil Company has filed an appeal from such denial with the City Council, and the Council has held a public hearing on said appeal on Tuesday, the 25th day of October, 1966. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that, after fully hearing all evidence submitted on said appeal and considering all testimony presented at said hearing, that said Council does hereby concur with the decision of the Planning Commission and adopts the findings of fact as approved by the 3 to 1 vote of the Planning Commission. BE IT FURTHER RESOLVED that the City Council, based upon said findings, does hereby grant the appeal of the Union Oil Company and that said. variance be, and it is hereby granted. Present by ruce H. Warren; Director of Planning Approved as to form by _C George D. 'ndberg, i Attorne -2- APy4JT!'E~ ,';'1'1" hPT'R~'JFD by ti?e f'1TY C(JL'NC',I?G of the C1TY ©F t;H¢J±,S V1STA, CAY.TELRNTA, this __ 25th_ Say of ___ October~_~, :.9 66 by the r_,l"so*.~ing note, to-wit; A'iFSo Ccuncime:~ Sparling, Anderson, McAllister, McCorquodale e _ iVAYE:o; Coeanei.l,uaen None ABSENT: Councilmen Sylvester .r ti _._ _ayor of the City of Ghu'_a d~.sta. .ATTEST ~cc.,~- _~i~ r,i.ty %lsrK STATE ~F' CH~'_^~7RNlA CCUNTw f~F AN Te3~'.Ga) ~ us. CT_'TY G)F' uric'~di ~.-1STA .~ I, iCENNs~TH. ?, C.`i°1tiB'r:?."_., City Clerk of r}+e'('?.ty of C"tnula ~'istu, ~:',a'sforia, L,0 HE'REB': CFRT7:F'i that the abo~,~e and fa~re~oing is a f,;.il, [rue and corract copy of or repealed, 1~ATE~ ; snd that the same hai not beea amended City Gerk ~ yai~-