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HomeMy WebLinkAboutResolution No. 6620u RESOLUTION NO. 6620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING A VARIANCE (VARIANCE CASE NO. V-543 LAWRENCE ROBONE) THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find and determine that there was filed with the Planning Commission the application of Lawrence Robone (Variance No. V-543) re- questing a variance to permit a reduced setback of 0' instead of the required 15' for a commercial development abutting an "R" zone; that a hearing thereon was duly conducted by the Planning Commission and that the Planning Commission approved the variance subject to conditions; that the matter was appealed to the City Council by adjoining property owners; that the City Council held a hearing thereon and proper and legal notice of the hearing was duly given. SECTION 2. After due notice and public hearing, the City Council finds: (a) The subject property is located at 650/660 South Azusa Avenue and is zoned C2 (restricted commercial). (b) The applicant is proposing to develop the subject property with a commercial or office complex consisting of three structures plus parking. The two buildings adjacent to Azusa Avenue are proposed to be developed next to the side property lines; the rear building will be set back from all property lines. (c) The property to the north and east is zoned R3(a). The zoning ordinance requires a 15' setback for a commercial development when it is adjacent to property in the "R" zone. (d) The strict application of the zoning ordinance would deprive the owner of privileges enjoyed by other property in the same vicinity and in the same zone inasmuch as the location of a building within the 15' setback if the height of said commercial building is restricted to 20' would contribute to the most beneficial use of the subject property and would not unduly interfere with the use of the residential property adjacent thereto. (e) The granting of the variance will have no detrimental environmental effects. SECTION 3. Variance Case No. V-543 is hereby approved subject to the following conditions: 1. Any and all existing utility easements shall be protected and any and all existing utilities and appurtenances shall be protected in place or adequate easements and utility relo- cations shall be provided to the satisfaction of the City Engineer. Any costs incurred as a result of any such realignment or relocation including but not limited to, purchase of right-of-way, preparation and recording of easements, plans, permits, construction, shall be the total responsibility of the developer. 2. Developer shall provide adequate protection of utilities and access to the same, whether existing or relocated as indicated in condition 1 above, and the same shall be maintained at all times. 3. All construction shall comply with plot plan submitted except for any relocation of the structure in question to comply with condition number 1 above. 4. The maximum building height for any building located within the required 15' setback shall not exceed 20' 5. Any and all roof mounted equipment shall be located outside of the 15' setback. Said equipment shall be screened from view and said screening shall be done in such a manner so as to be compatible with the architecture of the structures proposed. Said roof top equipment consisting of motors, compressors and the like shall be located in a soundproofed structure so as to minimize the potential disturbance to adjacent properties. 6. All air intakes and exhausts on all air handling equipment shall be designed, installed, and operated in such a manner so as to prevent any perceptible acceleration of air move- ment across the property line. Any cooling towers and condensors shall be designed, installed, and operated in a manner that will prevent water spray from being carried across the property lines. 7. Any illumination from any roof mounted equipment or required for any roof mounted equipment shall be properly screened so as not to reflect on the adjacent property. 8. All necessary permits shall be obtained. 9. The privacy and property rights of adjacent property owners shall be protected. 10. Developer shall assure that there is adequate separation of land uses from those of adjoining property owners. 11. The development shall be pursued in accordance with sound planning principals. 12. All construction shall comply with applicable building and fire regulations. SECTION 4. The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 6th day of February, 1978. MAYOR -2- 0 I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof held on the 6th day of February, 1978, by the following vote of the Council: AYES: Councilmen: Decker, Fry, Cruz, Arkison, Solem NOES: Councilmen: None ABSENT: Councilmen: None -3- Adolph Solis, City Clerk