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HomeMy WebLinkAbout94-084 CC ResolutionRESOLUTION NO. 94-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VARIANCE NO. 10 WITH NO ADDmONAL REQUIREMENT FOR EXTENSIONS OF TIME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HERERY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare as follows: A. On July 6, 1992 the Council adopted Resolution No. 92-52 approving Variance No. 10 to allow installation of 55 foot high pole sign for the gasoline service station on property located at 92115 Front Street, Temecula (the "Property"). B. The variance was granted subject to the following condition ("Condition 1"): "The applicant agrees to enter into an agreement stipulating that if at the end of a two year period, the City Council does not grant an extension to this variance, the sign will automatically be reduced to a height of 45 feet at the owners expense. Said agreement shall be approved by the City Attorney prior to issuance of any building permits for the sign in question." C. By letter dated May 11, 1994 the Applicant submitted an application for continuation of the variance without the time limit specified in Condition 1. D. On August 9, 1994, the City Council held a duly noticed public heating on the modification of Variance No. 10 and considered all of the evidence presented including the Staff Report and the comments of persons testifying at the public hearing. E. Variance No. 10 and the modification thereto approved by this Resolution are consistent with the City's General Plan, and each of the elements thereof, and the objectives of the City's zoning ordinance. F. There are exceptional circumstances applicable to the Property which justify Variance No. 10 and the modification thereto. The topography of the Property and the surrounding area is such that the Property lies approximately 15 feet below the surrounding properties. As such the Applicant does not enjoy the benefits of 45 foot high signs as otherwise permitted under the zoning ordinance as do other property owners. These unique circumstances will cause hardship to the Applicant not suffered by other property owners similarly situated. Resos 94-84 I G. The granting of Variance No. 10 and the modification thereto set forth in this Resolution will not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the Property and is compatible with the general welfare of the public. H. The granting of Variance No. 10 and the modification thereto set forth in this Resolution, do not constitute the granting of a special privilege inconsistent with the limitations on other nearby properties. Section 2. The City Council of the City of Temecula hereby approves Variance No. 10 and modifies said Variance by deleting therefrom Condition No. 1. Section 3. The City Clerk shall certify to the passage of this Resolution. PASSED, APPROVED AND ADOPTED, this 9th day of August, 1994. Ron Roberts, Mayor ATTEST: Ju~reek, City Clerk~~ [SEAL] Resos 94=84 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I I-1F~RERY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof. 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz ~;eek, City Cler~~ 94-84 3