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HomeMy WebLinkAboutPCReso 95-33 PA94-058 BP Service Station VARRESOLUTION NO. 95 -33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 94-058 BP SERVICE STATION VARIANCE FOR THE CONSTRUCTION OF THE NEW 2,017 SQUARE FOOT CONVENIENCE STORE/FOOD MART BUILDING WITHIN THE 10-FOOT SIDE YARD SETBACK, AS REQUIRED BY THE M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS, LOCATED AT 6400 DUBLIN BOULEVARD. WHEREAS, the Applicant, Peter B. Tobin of Tait & Associates, Inc., on behalf of the Property Owner, Tosco Northwest Properties, has filed a Variance application requesting approval to construct the new 2,017 square foot convenience store/food mart building within the 10-foot side yard setback area, as required by the M-l, Light Industrial District regulations. This project includes a Conditional Use Permit and Site Development Review approval request for the convenience store/food mart; a new 43' x 50' canopy with new fuel dispenser islands; three (3) new 12,000 gallon underground fuel storage tanks and other on/off-site improvements; and WHEREAS, the Planning Commission did hold a public hearing on said Variance application on August 21, 1995; 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 a Negative Declaration has been prepared because the project will not have a significant impact on the environment; and WHEREAS, the Staff Report was submitted recommending that the Variance application be approved; 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 that: Ao There are special circumstances including size, shape, topography, location or surroundings, applicable to the property which would deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification, in that the dedication of the 20-foot right-of-way along Dublin Boulevard and the 8-foot right-of-way along Dougherty Road will eliminate over 5,000 _ square feet of street frontage property along both sides of this site. This dedication for the future roadway widening will reduce the amount of available vehicle maneuvering room needed by the new service station/food mart design. Since the Property Owner is granting an irrevocable offer of dedication of land to the City of Dublin, this situation creates a special circumstance. The granting of the Variance application would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity, in that the placement of the food mart building within the 10-foot side yard setback would be consistent with the current setbacks of the other commercial buildings within the vicinity, such as the adjacent Smart & Final building, which is located near the property line, and the Rental World building which is built at the property line. The granting of this Variance will not be detrimental to persons or property in the neighborhood or to the public welfare, in that construction of the convenience store/food mart building will comply with the Uniform Building Code and Fire Code regulations. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 94-058 BP Service Station Variance application as generally shown on Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the approval of the related Conditional Use Permit and Site Development Review and to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Apr)royal shall be complied with r)rior to the is~upnce of buildin(~ oermits or establishment of use, and shall be subiect to Planning Department; review and ar)oroval. The following codes ret)resent those departments/agencies resr)onsible for monitoring compliance of the conditions of ar)r)roval. [PL] Planning, [BI Building, [PO] Police. [PW Public Works, [ADM] Administration/City Attorney, [FIN] Finance, IF1 DouQhert¥ Regional Fire Authority. [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. This Variance approval is for the construction of the new 2,017 square foot convenience store/food mart building within the 10-foot side yard setback. This approval shall generally conform to the plans labeled Exhibit A, as modified by the following conditions of approval and associated Conditional Use Permit and Site Development Review Resolutions, consisting of a revised Site Plan, Floor Plan, Building Elevations and Preliminary Landscape Plan consisting of four (4) sheets, prepared by Tait & Associates Inc., dated received by the Planning Department, June 23, 1995, and August 15, 1995. [PL] 2. The Applicant shall secure applicable building permits prior to construction, lB, PL] If the Variance approval is not exercised within one year, or if the use of the Variance ceases for a consecutive period of one year, the Variance approval shall lapse and shall become null and void. [PL] Approval of this Variance shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of this Variance application. |PL] This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. [PL] PASSED, APPROVED AND ADOPTED this 21st day of August, 1995. AYES: NOES: ABSENT: ATTEST: Commissioners Zika, Geist, Jennings, Johnson and Lockhart None None ~151anning ~missi0n(~irman Planning Director