Resolution 1991-61
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RESOLUTION NO. 91 - 61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AFFIRMING ON APPEAL THE ACTION OF THE PLANNING COMMISSION
DENYING VARIANCE REQUEST V91-07 FROM SECTION 37. 52 OF THE
ZONING ORDINANCE REGULATING THE HEIGHT OF AN EXISTING
MASTER SHOPPING CENTER SIGN AT 260 EAST TENTH STREET
WHEREAS, in November 1989, applicant Filbro Development
Company received a sign permit for a master Shopping center sign
at a height of 18 1/2 feet for the Gilroy Village Shopping Center
at 260 East Tenth Street, between Chestnut and Alexander Streets;
and
WHEREAS, in April 1991, the applicant received approval to
relocate the existing master shopping center sign to a new location
along Tenth Street; and
WHEREAS, in relocating the sign, the applicant raised the sign
10 1/2 feet, bringing the overall height of the sign to 29 feet;
and
WHEREAS, the applicant submitted variance application V91-07
to allow the height increase, which application came regularly
before the Gilroy Planning commission at a duly noticed public
hearing on September 5, 1991, and at which after receiving and
considering evidence at the hearing, the Planning Commission voted
4-0-3 to adopt Resolution No. 91-15 denying the application; and
WHEREAS, the applicant did appeal that decision in writing on
September 9, 1991, as authorized by local ordinance, and the
applicant's appeal came regularly before the city Council at a duly
noticed public hearing on October 7, 1991, at which time the City
Council reviewed and considered the record before the Planning
commission and considered all the evidence presented to it on
October 7;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Gilroy as follows:
1. That the city Council makes the following findings of
fact:
A. The enforcement of Section 37.52 of the ci ty' s
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Zoning Ordinance will not deprive the property owner of development
rights now possessed by other owners of similarly situated
commercial property in the City;
B. Enforcement of section 37.52 of the City's Zoning
Ordinance will not result in practical difficulty or unnecessary
hardship for the applicant in having to comply with the height
restrictions, particularly in view of the fact that a sign 18 1/2
feet in height is 4 1/2 feet over the maximum currently allowed for
new signs;
C. There are no unique or exceptional characteristics
that this commercial shopping center exhibits that are different
from other commercial properties in the area; and
D. The City Council is therefore unable to make the
findings required under state law and the city's Zoning Ordinance
to grant a variance.
2. That the City Council does hereby affirm on appeal the
Planning Commission's denial of the proposed variance to allow an
existing master shopping center sign to be increased in height from
18 1/2 to 29 feet.
PASSED AND ADOPTED this 7th day of October 1991, by the
following vote:
AYES:
COUNCILMEMBERS:
Hughan (Mayor), Gage, Hale,
Kloecker, Mussallem, Nelson,
Valdez.
NOES:
COUNCILMEMBERS:
None.
ABSENT:
COUNCILMEMBERS:
None.
ATTEST:
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city Clerk
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 91-61
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the __ 7th___ day of
at which meeting a quorum was present.
October , 19~,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this
8th day of
19 91.
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City Clerk of the City
(Seal)
October