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Home My WebLink AboutPC Reso 91-045 PA 91-045 Enea Plasa Gazebo RESOLUTION NO. 91 - 045 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN APPROVING PA 91-045 ENEA PLAZA VARIANCE REQUEST TO ALLOW A 300 SQUARE FOOT GAZEBO WITHIN THE ESTABLISHED PARALLEL ROAD RIGHT-OF-WAY LINE (ORDINANCE NO. 19-88) WHEREAS, Fred Fallah, on behalf of Enea Plaza, filed an application for a Variance to allow a 300 square foot gazebo within the established Parallel Road right-of-way line located at 6694-6698 Amador Plaza Road; and WHEREAS, the Zoning Administrator did hold a public hearing on said application on August 13, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15303, Class 3 and Section 15305, Class 5 of the CEQA Guidelines; and WHEREAS, the Staff Report was submitted recommending that the application be approved for a Variance; and WHEREAS, on June 24, 1991, the City Council approved Resolution No. 56-91 granting a Variance to the Uniform Building Code to permit a 300 square foot gazebo to be constructed at 6694-6698 Amador Plaza Road, without a Class "B" fire-retardant roof and without plywood sheathing, subject to the condition that the wood shingles be treated every two years with fire-retardant chemicals which are capable of providing a Class "B" fire-retardant classification; and WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find: A. That there are special circumstances including size, shape, topography, location or surroundings applicable to the property which deprive the property of privileges enjoyed by other properties in the vicinity under the identical zoning classification in that the parcel on which the Enea Plaza Phase II commercial center is located is split by the established right-of-way line for the currently unimproved Parallel Road. The gazebo, an accessory landscape structure/feature, forms a prominent pedestrian and visual link between the two separate buildings within the commercial center, and is located within the established right-of-way line of the Parallel Road (Ordinance No. 19-88). If this right-of-way line was not established, the property would be allowed to function as one retail Shopping r_1 r1 • Center allowing the Center to benefit from this visual and pedestrian link. B. That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in that as a condition of approval, the property owner is required to waive all claims for compensation and damages caused by the taking of the property for the Parallel Road, and pay for the removal of the gazebo structure. C. That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare in that the Applicant will be required to treat the gazebo's wood shingles every two years with fire-retardant chemicals capable of providing a Class "B" fire-retardant classification, and comply with other applicable building code requirements. D. Approval of this Variance will not defeat the purpose of the Parallel Road right-of-way line (Ordinance No. 19-88) established by Chapter 7.68 of the Dublin Municipal Code in that the property owner is required to waive all claims for compensation and damages caused by the taking of the property, and the property owner has entered into an agreement with the City of Dublin to irrevocably offer for dedication to the City of Dublin, the portion of land required for the Parallel Road right-of-way. E. Construction of the gazebo for PA 91-045 Enea Plaza Gazebo Variance constitutes a minor project according to the City of Dublin Zoning Ordinance Section 8-48.4 (C-1, Retail Business District) and the project is in accord with the intent and objectives of the Site Development Review provisions pursuant to Section 8-95.0 of the City of Dublin Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Dublin Zoning Administrator does hereby approve PA 91-045 Enea Plaza Gazebo Variance, located at 6694-6698 Amador Plaza Road, as generally depicted on Exhibit A and does hereby waive the requirement for Site Development Review for the gazebo, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [P0] Police, [PW] Public Works, [ADM] Administration, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. - 2 - L 1. This Variance approval is for PA 91-045 Enea Plaza Gazebo to allow a 300 square foot gazebo structure to be constructed within the established right-of-way line of the Parallel Road (roadway south of Dublin Boulevard between Regional Street and Amador Plaza Road, Ordinance No. 19-88), as shown on Exhibit A (1 sheet) prepared by Fred Fallah, dated received by the Planning Department June 26, 1991. [PL] 2. The gazebo located within the established right-of-way line of the Parallel Road shall be subject to removal at the Public Works Director's written direction. Within thirty (30) days of said notification, the property owner, at his own expense, shall remove the gazebo. The gazebo may be removed by the City if not removed by the property owner within thirty (30) days of written notification, in which event, the City may recover the costs of the removal by placing a lien on the property known as Assessor Parcel Number (APN) 941-1500-49. The property owner shall sign, submit and record the attached agreement (Attachment B-1) within fifteen (15) days after the effective date of this variance approval. This agreement shall be binding on future property owners of APN 941-1500-49. [PL, PW] 3. The Variance approval shall be subject to the conditions of approval specified in the City Council Resolution No. 56-91 approving a Variance to the Uniform Building Code. [B] 4. This Variance approval shall be subject to the conditions of approval for PA 89-028, Enea Plaza Phase II Site Development Review. [PL] 5. The requirement for Site Development Review approval for the gazebo (as shown on Exhibit A) is waived. [PL] 6. Building permits for the gazebo shall be secured and construction commenced within thirty (30) days after the effective date of this approval or said approval shall be void. The Planning Director may grant an Administrative extension for an additional 60 days upon the determination that the conditions of approval remain adequate to assure that the above stated findings of approval will continue to be met. (The Applicant must submit a written request for the extension prior to the expiration date of the permit.) [PL, B] 7. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 13th day � of August, 1991. ��/ Zoning Administrat4 ATTEST: Project Planner - 3 - RECORDING REQUESTED BY: City of Dublin Planning Department WHEN RECORDED, PLEASE MAIL TO: City of Dublin Attn: Laurence L. Tong, Planning Director 100 Civic Plaza Dublin, California 94568 Enea Plaza, a California Partnership (owner of real property in the City of Dublin described as Assessor Parcel Number 941-1500-49), and each of the undersigned, hereby waive all claims for compensation and damages caused by the taking of any property affected by such a Variance pursuant to the exercise of the right of eminent domain or any other right of the City of Dublin or any other action. Enea Plaza agrees to remove Gazebo within thirty (30) days from written notification of the City of Dublin. All costs and expenses associated with removal shall be borne by Enea Plaza. Enea Plaza, and the undersigned, agree that the Gazebo may be removed by the City of Dublin if not removed by Enea Plaza within thirty (30) days of written notification, in which event, the City of Dublin may recover the costs of removal by placing a lien on the property known as Assessor Parcel Number 941-1500-49. Acknowledged and Agreed: John G. 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A,,,•.v,-w --O 17 i.e� � r K-�5eoA0' - 13 -- ILOA 6670 Amador P Road O Dublin, CA. 94a F-- 415.828.1700 O Q cn DEVELOPM In - W ARCHITECT a ENGINEE 11 PLANNINGI P4- 9/— 0 e15' RECEIVED JUN 2 6 1991 -�v�9 yvaLiN PLANNING /171 m it o V Q SITE PLAN BWA SCAL,E:1'-40'-O' Dr—Inp. Pr.p �1 b r FRED FALL O m W N m a L W a PROJECT NO: DATE: SHEET