Resolution Number 91-9-17-44191
RESOLUTION NO. 91-9-17-4
APPROVING ZONE VARIANCE 88-5 (SAN JUAN CHRYSLER)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE VARIANCE
88-5 (SAN JUAN CHRYSLER)
WHEREAS, the applicant, Mr. Gary Pfleiger, Two Via Presea, Coto de Caza,
CA 92679, has submitted an application for a zone variance to construct a 23,000 -square -
foot Chrysler Auto Dealership, located on Valle Road in the Commercial Manufacturing
District; and,
WHEREAS, the City's Environmental Review Board has determined that the
proposed project will not have a significant effect on the environment, has accordingly
issued a Negative Declaration for the project, and has otherwise carried out all
requirements of California Environmental Quality Act; and,
WHEREAS, a public hearing has been duly noticed and held to receive public
testimony on the application; and,
WHEREAS, the City Council has reviewed and approved a 12 -month time
extension for Zone Variance 88-05; and,
WHEREAS, the City council hereby finds and determines as follows:
a. There are special circumstances applicable to the property which do not
apply generally to other properties in the neighborhood, in that size and
topography require the building to encroach into the required rear yard.
b. The variance is necessary for the preservation and enjoyment of
privileges enjoyed by other properties in the vicinity and under identical
zoning classification, in that the use will be similar to existing similar
uses in the area and will not be a detriment to surrounding properties.
C. The granting of the variance will not contribute to a property
development which will be materially detrimental to the public welfare
or injurious to the property improvements in the vicinity.
d. The granting of the variance is consistent with the goals, objectives and
policies of the General Plan.
NOW, THEREFORE, BE IT RESOLVED, that based upon the preceding findings,
the City Council of the City of San Juan Capistrano does herby approve Zone Variance
88-5, subject to the following conditions:
1. This variance approval shall apply only to those plans specifically
reviewed by the City Council. Final working drawings (construction
plans) shall be confirmed by the Director of Planning Services as
consistent with the City Council approval prior to building permit plan
check.
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2. All conditions of approval of Architectural Control 88-1 shall be
incorporated by reference into this variance approval; said conditions
shall be met at all times.
3. The variance approval shall become null and void September 17, 1992,
i.e. 12 months from the City Council date of approval if no construction
has commenced for the associated project Architectural Control 88-1.
PASSED, APPROVED, AND ADOPTED this 17th day
of September , 1991.
KENNETH E. FRIESS, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 91-9-17-4 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 17th day
of September , 1991, by the following vote:
AYES: Councilmen Hausdorfer, Buchheim and Vasquez
NOES: Councilman Jones and Mayor Friess
ABSTAIN: None
ABSENT: None
(SEAL) lot-'-�
CHERYL JOHNS Y CLERK
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