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Resolution 1991-61 ~. '~ .. . . .. .,- 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 -1- " . . . " ;' 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: Ih~ A~~L ~~ city Clerk -2- "~- '" .. . . ... 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. ~~&. City Clerk of the City (Seal) October