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HomeMy WebLinkAboutCC RES 91-128 1 2 3 4 5 6 7 8 10 11 12 13 15: 17~ 9.1 '1 '/3' 25 27 I I I RESOLUTION NO. 91- 128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY THE REQUEST TO AUTHORIZE AN OFF- PREMISE SIGN LOCATED AT 13931 CARROLL WAY FOR THE RESTAURANT LOCATED AT 13951 CARROLL WAY The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: ao That a proper appeal of Variance 91-14 has been filed on behalf of Tokyo Lobby Restaurant requesting authorization to permit an off-premise sign to be located at 13931 Carroll Way for the Restaurant located at 13951 Carroll Way. Bo That a public hearing was duly called, noticed and held for said application on October 7, 1991. Ce That the City Council has reviewed the request for an off-premise sign and has made the following findings: There are no unusual or exceptional circumstances applicable to the shape, size, topography, location or intended use of the subject property which deprive the property owner business identification which is enjoyed by other property owners in the vicinity. Granting the requested Variance would convey a special privilege to the property owner which is not enjoyed by other property owners in the same zoning district in that all other property owners must comply with the requirements of the Sign Code and are not allowed to display off-premise signs. The granting of this Variance may be materially detrimental to adjacent and surrounding properties in that the presence of off premise signs on the subject property may result in a visual and aesthetic nuisance to traffic and neighboring properties, including residential properties to the north of the subject property. In addition, approval of the Variance will set a precedence for other commercial shopping centers on Seventeenth Street, and elsewhere in the community. That the request constitutes a Use Variance to permit the off-premises sign which is not permitted by and is in conflict with State Planning Law. Resolution No. 91-128 9 Page 2 3 4 5 6 II. I The City Council hereby denies the request to authorize anI off-premise sign located at 13931 Carroll Way for the, restaurant located at 13951 Carroll Way. 8 10~%M~y E. Wynn, City Clerk I 15 17 18,: 19~ 20 9.4 25, 27 PASSED AND ADOPTED by the City Council of the City, of Tustin at a regular meeting held on the 7th day. of October, 1991. : : / :,, .l ./,., , . ..,c Charles E. Puckett, Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 91-128 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 91-128 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 7th day of October, 1991, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: BCS: kd\91-128, ccr Puckett, Pontious, Edgar Potts, Prescott None None E. Wynn, City Clerk