Resolution 1980- 75
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RESOLUTION NOo 80-75
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
GRANTING ON APPEAL AN APPLICATION FOR VARIANCE
FOR AN EXISTING, NON-CONFORMING FREESTANDING
SIGN AT 8175 MONTEREY STREETo
WHEREAS, VINOD PATEL as owner of the KING'S REST MOTEL,
has filed an appeal in due form from a Resolution No. 80-43 of
the Planning Commission of the City of Gilroy denying a variance
to allow an existing freestanding sign which projects more than
12lt into the right of way, has excess height and has excess area
at 8175 Monterey Street, and notice of the hearing of said appeal
has been given in the manner and for the period required by law
and the Zoning Ordinance of the City of Gilroy; and
WHEREAS, the said hearing on the appeal has been held on
August 18, 1980 at 8:00 pomo, in the Council Chambers in the City
Hall at 7351 Rosanna Street, Gilroy, California, and evidence was
submitted upon the said application and appeal. in favor of and
contrary to the findings of the Planning Commission, the City
Council finds:
1. That due to modifications, some of which were made
after the Planning Commission hearing, the sign no longer projects
more than 12" into the right of way, height and area of the sign
have been reduced as much as is practical, and another sign has
been removed from the building to reduce total sign area on the
premises; that sign area now complies with commercial use other
than for a motel and height is now compatible with other signs in
the area.
2. That there are exceptional or extraordinary circum-
stances applying to the property involved;
3. That because of such exceptional or extraordinary
circumstances, the literal enforcement of the provisions of the
Zoning Ordinance would result in practical difficulty or unnecessary
RESOLUTION NO. 80-75
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hardship such as to deprive the applicant of a substantial property
right;
4. That the allowance of the variance will not, under
the circumstances of this case, and the present use of the premises,
be materially detrimental to the public welfare 'or materially
injurious to persons or property in the vicinity;
5. That the results of allowing the variance as specified
will be in harmony with the general intent of the zoning chapter;
and
WHEREAS, the Planning Commission erred in failing to make
findings as aforesaid, and
WHEREAS, the City Council has determined that the requested
variance should be granted to permit the existing f~eestanding sign
to remain as now modified.
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Gilroy does hereby determine on appeal, that the said
variance prayed for be and the same is hereby granted.
PASSED AND ADOPTED this 18th day of August, 1980, by the
following vote:
AYES:
COUNCILMEMBERS: ALBERT, HUGlfAN. LINK, PATE,
TAYLOR and GOODRICH
COUNCILMEMBERS : NONE
COUNCILMEMBERS: CUNNINGHAM
NOE S :
ABSENT:
APPROVED:
7(~~J
~yor
RESOLUTION NOo 80-75
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I, StfSAJ-JNE E. STEHHI':Tl, City Clerk of the City of Gilroy,
do herelJy eel-tify that the attached RetJolution No.
80-75
ill an
originHl re~olution, duly tH.l()pt~d by the Council of the City of
18th
Gil coy Ht a n.~gul ar wee t Lng 0 f ::JH id Counc i1 held on the
August
ll) 80
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af which meeting Ii quorum was
day ot
prCBcnt.
ItJ WIT~JESS tJllEREOF, I have hereunto set my haud and aff1xod
the Official Seal of thc City of Gilroy, thi8 25th
August , II) 80 .
day of