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-