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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 -2-