HomeMy WebLinkAboutCC 9 APPEAL VAR 88-7 12-05-88, ~ -- -- ~- CONSENT CALENDAR
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
CINiUNITY DEVELOPMENT DEPARTMENT
APPROVING APPEAL FOR VARIANCE 88-7
RECOI~ENDATION
It is recommended that the City .Council approve appeal for Variance 88-7 by
adoption of Resolution No. 88-127.
BACKGROUND AND SUI~ARY
The City Council at their meeting on November 21,. 1988 approved the appeal for
Variance 88-7. Please find Resolution No. 88-127 attached for approval by the
City Counci 1.
Christine A. Shingleton/~/
Director of Community D~velopment
Attachment: Resolution No. 88-1'27
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RESOLUTION NO. 88-1~?
A RESOLUTION OF TNE CITY COUNCIL OF TNE CITY OF
TUSTIN, APPROVING THE APPEAL FOR VARIANCE NO.
88-7 FOR THE HEADACHE TREATMENT CENTER OF ORANGE.
COUNTY (DAVID E. SOSIN, M.D.) AT NEWPORT AND
MITCHELL AVENUES.
7 The City Council of the City of Tustin .does hereby resolve as follows'
8 I. The City Council finds and determines as follows-
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That a proper application, (Variance No. 88-7), was filed by the
Headache Treatment Center of Orange County (David E. Sosin,
M.D.) requesting authorization to vary from the requirements of
the City of Tustin Sign Code for the installation of a 24 square
foot, double faced business identification pole sign
(approximately 12' ).
That a public hearing was duly called, noticed and held on said
application on Monday, November 2.1, 1988.
That because of special circumstances applicable to the subject
property, relative to size, shape, topography, location or
surroundings, a strict application of the Zoning Ordinance does
deprive the subject property of privileges enjoyed by other
properties in the vicinity, evidenced by the following findings'
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The subject property owner is being denied a property right
possessed by other propert~ owners of buildings in the
vicinity of the subject property, in that there are
existing business identification pole signs in the vicinity
of the subject site.
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The subject property is a corner lot with visibility that
is somewhat obsecured by activities on adjacent properties
causing the property owner undue hardships necessitating a
larger sign.
That the granting of a variance as herein provided will not
constitute a 'grant of special privilege inconsistent with the
limitations upon other properties in the vicinity in which the
subject property is situated, in that there are other uses in
the vicinity of the subject site having pole signs.
That this project is categorically exempt from the requirements
of the California Environmental Quality Act (Class 11).
That the granting of the variance as herein provided would not
establish a precedent and a basis for granting future variances
of the same type in that each Variance request must be evaluated
and a determination made in accordance to its own merits.
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Resolution No. 88-127
Page two
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That the granting of the variance as herein provided will not be
contrary to the intent of the Zoning Ordinance and the public
safety, health and welfare, and said variance should be granted.
Final sign plans shall require the review and approval of the
Community Development Department.
II.
The City Council grants a variance as applied for, to authorize the
installation of a 24 square foot, double faced business
identification pole sign (approximately 12' high) at 14111 Newport
Avenue subject to the following conditions:
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The proposed project shall substantially conform with the
submitted sign plans for the project on file with the Community
Development Department, as herein modified, or as modified by
the Director of Community Development.
Unless otherwise specified, the conditions contained herein,
shall be .complied with prior to the issuance of any building
permit for the project, subject to review and approval by the
Community Development Department.
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Sign plans shall be provided which contain footing details and
all work shall conform to the Uniform Sign Code. Sign permits
shall be required prior to installation.
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The proposed sign shall be lo'cared a minimum of 4' from the wall
face on Newport Avenue.
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The applicant shall sign and return an "Agreement to Conditions
Imposed" form as provided by the Community Development
Department.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the i i day of , 198___.
RON HOESTE'h~¥', ......
Mayor
M~"R¥ WYNN;''
Secretary