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