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PC R 92-1387.,�,: RESOLUTION NO. 92-1387 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE GRANTING A VARIANCE, CASE NO. 92-168, APPLIED FOR BY HOME SAVINGS OF AM�RICA AT 135U GRAND AVENUE, VARIANCE TO EXCEED TH� ALLOW�D NUMB�R OF SIGNS AND TO ALLOW T'HR�E (3) ROOF SIGNS � i �� WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 92-168, filed by Home Savings of America, to allow six signs totaling 96.5 square feet, three. of the signs are roof signs, in the General Commercial District; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others in the surrounding area. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. Specifically, the building architecture and the location of the building directly behind the sidewalk limit the location:oE��main project signage to the roof signs. The building architecture also dictates the number of signs required. This number is greater than allowed by the Development Code. 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. Other financial institutions are able to provide adequate signage for their businesses. 4. 5. C� 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. The granting of the variance will not be detrimental to the public health, saf�ty or welfare, or materially injurious to properties or improvements in the vicinity. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of this title. NOW, THEREFORE, B� IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said variance, subject to the standard conditions of the City and those listed below: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. � 2� 4��1 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 6, 1992 and marked "Exhibit A". 2��4�2 Resolution No. 92-1387 Home Savings of America Variance Case No. 92-168 Page Two 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, 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. 4. This application shall automatically expire on October 6, 1994 unless a building permit is issued and substantial construction is commenced and diligently pursued toward completion. Thirty (30) days prior to the expiration of the approval, the applicant must apply to the Planning Commission for an extension of one (1) year from the original date of expiration or extension of time is desired. Pl�nning Department Conditions 5. Development shall conform with the GC zoning requirements unless otherwise approved. On motion of Commissioner Souza, seconded by Commissioner Moore, and on the following roll call vote, to wit: AYES: Commissioners Moore, Sotiza, Tappan and Acting Chairman Soto NOES: None ABS�/I�Jfi': Commissioner Carr and Chairman Brandy the foregoing Resolution was passed and adopted this 6th day of October, 1992. ATTEST: Mona L. Prelesnik, Commission Clerk irman