PC R 99-1711RESOLUTION NO. 99-1711
A RESOLUTION OF THE PLANNING COMMISSION OF THE
� CITY OF ARROYO GRANDE APPROVING VARIANCE
CASE NO. 99-005 TO DEVIATE FROM THE 1.0
MAXIMUM FLOOR AREA RATIO IN THE VILLAGE
COMMERCIAL (VC) DISTRICT FOR THE CONSTRUCTION
OF A TWO-STORY COMMERCIAL BUILDING, APPLIED
FOR BY EDDIE EL-HELOU, AT 121 EAST BRANCH
STREET
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Case No. 99-005, filed by Eddie EI-Helou, to allow the floor area ratio to
exceed the maximum allowed in the Village Commercial (VC) district by 0.82; and
WHEREAS, the Planning Commission has held a public hearing on Variance Case No.
99-005 in accordance with City Code; and .
WHEREAS, the Planning Commission has found that this project is consistent with
the City's General Plan and the Environmental Documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with
the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
Arroyo Grande Rules and Procedures for implementation of CEQA; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Variance Findings:
1. The strict or literal interpretation and enforcement of the maximum floor area
ratio requirements for the Village Commercial �(VC) district would result in
practical difficulty or unnecessary hardship not otherwise shared by other sites
in the surrounding area. The site is substantially smaller than surrounding lots
in the Village area and is further restricted by a six (6) foot wide access
easement.
2. There are exceptional or extraordinary circumstances or conditions applicable
to the property involved or the intended use of the property that do not apply
generally to other properties classified in the same zone. The small size of the
lot and the allocation of 9.2 parking spaces to the property are indicative of
the original intent to construct a two-story building at this location.
3. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by owners of other properties
classified in the same zone. A one-story structure would deprive the applicant
of the same economic advantages shared by other larger, two-story
establishments in the Village area.
Resolution No. 99-1711
Variance Case No. 99-005
Page 2 of 3
4. The granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same
zone. Other properties in this zone do not share the same lot configuration
constraints that are experienced by the subject property.
5. The granting of the variance will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the area.
6. The granting of a variance is consistent with the objectives and policies of the
General Plan and the intent of the Development Code, which are to encourage
economic vitality and business activity, protect investments while preserving
the environment and character of the City. The second floor enhances the
appearance of the structure and is important for the success of the business.
The two-story building is not out of scale or character with the surrounding
neighborhood and was architecturally suited to meet objectives of the Village
Design Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves variance Case No. 99-005 with the above findings
and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
On motion by Commissioner Keen, seconded by Commissioner London, and by the
following roll call vote, to wit:
AYES: Commissioners Costello, Keen, London and Chair Greene
NOES: Vice-Chair Parker
ABSENT: None .
the foregoing Resolution was adopted this 19 day of October 1999.
ATTEST:
Kathleen Fryer, Commis ' n Clerk
T� CON
Kerry Mc
Comm�
�
evelopment Director
�,�C' v��
Laurence Greene, Chair
Resolution No. 99-1711
Variance Case No. 99-005
Page 3 of 3
1
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE CASE NO. 99-005
Eddie EI-Helou
121 East Branch Street
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General Conditions
This approval authorizes deviation from the maximum floor area ratio of 1.0 to 1.82
for the construction of a two-story commercial structure, located at 121 East Branch
Street.
1. The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project. �
2. This application shall automatically expire on October 19, 2001 unless a
building permit is issued. Thirty (30) days prior to the expiration of the
approval, the applicant may apply for an extension of one (1) year from the
original date of expiration.
3. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of October 19, 1999 and marked
"Exhibit B".
4. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because
of the issuance of said approval, or in anyway relating to the implementation
thereof, or in the alternative, to relinquish such approval. The applicant shall
reimburse the City, its agents, officers, or employees, for any court costs and
attorney's fee's which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his/her obligations under this
condition.
5.
The applicant shall comply with all conditions of approval of Conditiona� Use
Permit Case No. 99-01 1.
6. Development shall conform with the Village Commercial zoning requirements
except as otherwise approved.
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