HomeMy WebLinkAboutZAV 1993-10 I
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RESOLUTION NO. 2AV-93-10
RESOLUTION OF THE CITY OF CHULA VISTA
PLANNING COMMISSION DENYING A VARIANCE TO EXCEED
THE ALLOWABLE SIGN AREA AT 290 "I" STREET
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WHEREAS, a duly verified application for a variance was filed I'
with the City of Chula Vista Planning Department on April 13, 1993
by Royston Corporation, on behalf of Southland Corporation, and
WHEREAS, said application requests approval to exceed the ~
maximum allowable-sign area at a convenience store at 290 "I"
Street in the C-O zone, and
WHEREAS, the Planning Director set the time and place for a
hearing on said variance application and notice of said hearing,
together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to
property owners within 500 feet of the exterior boundaries of the
property at least 10 days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as
advertised, namely June 9, 1993 at 7:00 p.m. in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed, and
WHEREAS, the project is exempt from environmental review as a
Class 1(e) and (g) exemption.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
finds as follows:
1. That a hardship peculiar to the property and not created
by any act of the owner exists. Said hardship may include
practical difficulties in developing for the needs of the
owner consistent with the regulations of the zone; but in
this context, personal, family or financial difficulties,
loss of prospective profits, and neighboring violations
are not hardships justifying a variance. Further, a
previous variance can never have set a precedent, for
each case must be considered only on its individual
merits.
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The site contains a prominent freestanding pole
sign adjacent to the street which identifies the
use to both "I" Street and Third Avenue to the
west. The building is located only 75 ft. back
from the. street, which should provide no impediment
to readil identif in the co a lied to a 50 s .
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ft. wall sign.
2. That such variance is necessary for the preservation and
enjoyment of substantial property sights possessed by
other properties in the same zoning district and in the
same vicinity, and that a variance, if granted would not
constitute a special privilege of the recipient not
enjoyed by his neighbors.
The applicant's statements about loss of market
share notwithstanding, there is no proof that this
increased signage area is necessary in order to
provide proper identification and conduct business
and compete with similar businesses in the
vicinity. on the contrary, the increased sign ~
area would constitute a special privilege not i
enjoyed by other uses in the same zone and i
vicinity.
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3. That the authorizing of such variance will not be of
substantial detriment to the adjacent property and will
not materially impair the purposes of this chapter or
public interest.
While adequate signage is essential to the success
of any retail business, excessive, unnecessary
signage can be defined as visual blight and, as
such, is a substantial detriment to adjacent
properties. It is believed that the proposal to
exceed the maximum allowable sign area by almost
300% is contrary to the public interest and will
materially impair. the purpose of the code to
regulate signs in a reasonable and equitable
manner.
4. That the granting of such variance will not adversely
affect the general plan of the City or the adopted plan
of any government agency.
One of the General Plan objectives for central
Chula Vista calls for enhanced visual quality
through actions such as improved signage. It is
not believed that the approval of the request will
further this objective.
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BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby
denies this variance request.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this ninth day of June, 1993, by the following vote:
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Ayes: Commissioners Fuller, Carson, Moot, Martin, Tuchscher, I
Tarantino
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Noes: Commissioner Ray
Absent: None
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Susa Fuller, Chairperson
A...ty/t~~est :
Na cy Ri ley, Secr tary
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