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HomeMy WebLinkAboutReso 042-87 KFC Variance Denied RESOLUTION NO. 42 - 87 A RESOLUTION OF~THE CITY COUNCIL OF THE CITY OF DUBLIN UPHOLDING THE ZONING ADMINISTRATOR'S DECISION DENYING V-8422 KEITH HOLMES SIGN VARIANCE FOR KENTUCKY FRIED CHICKEN WHEREAS, Keith Holmes filed an application for a Variance, V-8422, to allow retention of a freestanding sign located in a required 30 foot front yard setback and not in the middle one-third of the lot in a "C-2-B-40" (General Commercial) District, located at 6797 Village Parkway (Kentucky Fried Chicken); and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, upon holding a public hearing on March 3, 1982, and considering all reports, recommendations and testimony, the Zoning Administrator made the following findings of fact: a) There are no special circumstances applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification as the property has no extraordinary circumstances which deprive it of the opportunity for the permitted low-profile sign in the front yard or a freestanding sign behind the 30 foot setback line; b) the granting of the application will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone as approval of a freestanding sign in the front yard represents a privilege not available to other parcelb in the vicinity; c) the use will be detrimental to persons or property in the neighborhood or to the public welfare as approval of the freestanding sign in the front yard represents a precedent having the effect of removing the B-40 zoning from the property this should be considered by the legislative body - not accomplished by administrative action; and WHEREAS, the Zoning Administrator, unable to make the three mandatory affirmative findings of fact, denied the Variance request; and WHEREAS, on March 10, 1982, James McLey of Cal-Neon appealed the Zoning Administrator's action; and WHEREAS, the Dublin City Council held a public hearing on April 26, 1982, and May 24, 1982, to consider said appeal; and WHEREAS, upon considering all reports, recommendations and testimony, the Dublin City Council continued said appeal indefinitely pending completion of the City sign study and Sign Ordinance revisions; and WHEREAS, on May 12, 1986, the Dublin City Council adopted Ordinance No. 7-86 revising the City's Sign Ordinance; and WHEREAS, said Sign Ordinance revisions and subsequent Ordinance amendments did not establish or modify the City's sign regulations affecting the Applicant's request to retain a 17 foot tall freestanding sign within the 30 foot frontyard setback and not within the middle one-third of the lot; and WHEREAS, on April 30, 1987, in conjunction with the Citywide sign survey, the City Zoning Investigator provided written notification to the Applicant and Property Owner that the existing freestanding sign was illegal and must be removed by May 30, 1987; and WHEREAS, the Applicant has not exhausted the appeal process for said sign, and the May 30th deadline was extended pending City Council action on the appeal; and WHEREAS, the City Council held a public hearing on said appeal on June 8, 1987, and June 22, 1987; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was-submitted recommending the appeal be denied; and WHEREAS, the City Council heard and considered all said reports, recommendations, and testimony hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1) The granting of this Variance will constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity, in that all properties within the City are limited by the City's zoning regulations for the specific district in which the property is located. All properties within the C-2-B-40 General Commercial District are required to maintain a 30 foot frontyard setback in which no freestanding signs shall be located, except for those alternate types of freestanding signs identified in Municipal Code Section 8-87.35 of the Zoning Ordinance (i.e., low profile signs six foot maximum height and 24 square foot maximum sign area) and subject to Site Development Review approval. 2) There are no special conditions or extraordinary circumstances related to the physical characteristics of this property which are unique and which do not apply to other properties in the vicinity, so that the strict application of the sign regulations does not deprive the property of rights enjoyed by other properties; in that although the site is irregularly shaped and slightly smaller in area than that required in the C-2-B-40 district (site area existing = 37,069 square feet required site area ~ 40,000 square feet) these conditions do not affect the property development's ability to maintain the required 30 foot frontyard setback nor does it affect the placement of a low profile sign. With respect to placement of the sign not within the middle one-third of the lot, special circumstances do exist in that the site is currently developed with a driveway located in the approximate middle one-third of the lot. Placement of a freestanding sign within the middle one-third of that lot would be a detriment to the site. 3) The granting of this Variance does not meet the intent and purpose of the Sign Ordinance in that the sign is not compatible with adjacent land uses, and the sign (due to its size and location) represents excessive signage which results in a loss of prominence for other business sites in the vicinity. 4) The granting of this Variance adversely affects the orderly development of property and preservation of property values in the vicinity in that the sign does not conform to the C-2-B-40 district setback requirements. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby deny the Variance appeal for V-8422 Keith Holmes Sign Variance for Kentucky Fried Chicken, thereby upholding the Zoning Administrator's action denying the Variance request, and hereby directs the Applicant to bring the freestanding sign into conformance with the City's Zoning Ordinance relating to freestanding signs prior to June 22, 1990. PASSED, APPROVED AND ADOPTED this 22nd day of June, 1987. AYES: Councilmembers Hegarty, Snyder, Vonheeder and Mayor Jeffery NOES: Councilmember Moffatt ABSENT: None -2-