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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 .rZ�]►�I► l�J�l�i'��7��/���7�►�il�►�i�7�]_1:i�Ji����� 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. \ � �