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HomeMy WebLinkAbout98-072 - Approving Variance No. 98-04393 OAS: 9/30/98 RESOLUTION NO. 98- 072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 98-04, TO ALLOW RELIEF FROM CERTAIN PROVISIONS OF THE SIGN CODE RELATED TO TWO WALL MOUNTED SIGNS FOR THE MEGA FURNITURE SUPERSTORE LOCATED AT 400 EAST FOURTH STREET WHEREAS, Santa Aha Municipal Code Section 41-638 provides for the granting of a variance from the provisions of the Santa Aha Municipal Code; and WHEREAS, this Council held a public hearing on October 5, 1998, on Variance Application No. 98-04, to allow: A variance from Section 41-863(b) to allow two wall signs, 177 square feet each. A variance from Section 41-863(d) (1) to allow the proposed wall signs to be displayed on the second story of the building. A variance from Section 41-863(d) (3) to allow one of the wall signs to project above the roof of the building. 4 o A variance from Section 41-862(d) (4) to allow the wall sign on French Street to be off-center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTAANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Council finds and determines as follows: A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Due to the building being constructed over the entire property, from property line to property line, and being adjacent to residential uses, the property is limited to two wall signs. In addition, across French Street to the east is a four story building which essentially blocks the wall sign on the east wall of the subject property from view if 394 centered on the building facade. Moving this sign to the north end of the building, and permitting this secondary sign to be the same size as the primary sign provides the necessary visibility and advertising for this business and be on the same par with neighboring businesses. B. That the granting of a variance is necessary for. the preservation and enjoyment of one or more substantial property rights. Granting of a variance would allow Mega Furniture Superstore to compete with other businesses in the downtown area, providing them with the enjoyment of substantial property rights as well as the flexibility to meet the intent of the code in a manner that produces no adverse impact to adjacent land uses or properties. C. That granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting the variance will not be materially detrimental to the public welfare or injurious to surrounding property. The signs will allow Mega Furniture Superstore advertising for this business and they will have fewer signs than permitted by code. D. That the granting of a variance will not adversely affect the General Plan of the City. Granting the variance will not adversely affect the General Plan of the City. This is a commercial area and signs are permitted for advertising business. 2. Variance No. 98-04 is hereby approved, as conditioned in Attachment A, attached hereto and incorporated herein. 2 395 ADOPTED this 5th ATTEST: ~-r~ce C: Guy F / ~lerk of the Counci]~ day of October , 1998. COLTNCILMEMBERS: Pulido Aye Richardson A--~--sent Espinoza Absent Lutz Aye McGuigan Aye Franklin Aye Moreno A---~-stain  iS TO FORM ary ~,Te CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~"J'- r~7 ~ to be the original resolution adopted by the City Council of the City of Santa Ana on Date: /~/6, / ~ ~; ~' ~ · h~ C6'unci~"/ City of Santa Aha - ' 3