HomeMy WebLinkAboutPC Reso 90-006 PA 90-001 Lew Doty Cadillac/ Oldsmobile request to locate 35 ft tall freestanding sign w/ 10ft setback RESOLUTION NO. 90 - 006
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING PA 90-001 LEW DOTY CADILLAC/OLDSMOBILE VARIANCE REQUEST TO
LOCATE A 35 FOOT TALL FREESTANDING SIGN WITHIN THE REQUIRED
10 FOOT SIDEYARD SETBACK AREA AT 6301 SCARLETT COURT
WHEREAS, Wade McClure, representing Lew Doty Cadillac/Oldsmobile filed a
Variance application to allow a 35' tall freestanding sign to be placed within
the required 10' sideyard setback area; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on February 20, 1990; 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 has been
found to be categorically exempt under Section 15305, Class 5 and Section
15311, Class 11(a).
WHEREAS, the Staff Report was submitted recommending the Variance
application be denied; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find:
1. There are no 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 same zoning classification. The property is a generally large (4.15+
acres), relatively flat rectangular parcel adjacent to Scarlett Court and
Interstate 580. Visibility of the dealership from the freeway and surrounding
areas is not hindered since the buildings prominant architectural features and
overall size, allows for high public visibility.
2. The granting of the Variance will constitute a grant of special
privilege inconsistent with the limitations upon other properties in the
vicinity in that all properties and businesses must comply with the City's
Sign Ordinance regulating the size, height, and location of all signs within
the city unless all findings of fact are made. Granting a Variance to allow
the freestanding sign to be located within the 10 foot side yard setback area
does constitute a grant of special privilege in that there are other
alternative locations on the site to place the freestanding sign which do not
require granting a Variance and would be consistent with the City's Sign
Ordinance. Additionally, no other freestanding sign along Scarlett Court,
which exceed 20 feet in height, are located within the required front, side or
rear yard setback areas.
3. The granting of the Variance will not be detrimental to persons or
property in the vicinity or to the public welfare in that if the sign is
approved it will be required to comply with all building code regulations.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
deny PA 90-001 Variance request to erect a 35' tall freestanding sign within
the 10' sideyard setback area.
PASSED, APPROVED AND ADOPTED this 20th day of February, 1990.
AYES: Commissioners Barnes, Mack and Zika
NOES: Commissioners Burnham and Okun
ABSENT: None komi
Planning Commission airperson
ATTEST:
Planning Director
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