HomeMy WebLinkAboutCC RESO 10,572RESOLUTION NO. 1OE,572
RESOLUTION GRANTING ZONE. VARIANCE PURSUANT TO ORDINANCE NO. 962
(Z-90-71, 2813 Highland Avenue, San Diego Calculator Co.)
The City Council of the City of National City does
hereby find, determine, order and resolve as follows:
1. That practical difficulties, unnecessary hard-
ship, and a result inconsistent with the general purpose and
intent of Ordinance No. 962 would occur through strict appli-
cation of the provisions of said Ordinance to that certain
real property hereinafter described.
2. That a Petition requesting a blanket variance
has been filed pursuant to the provisions of Section 12 of Or-
dinance No. 962 and said Petition complies with all the re-
quirements of said section.
3. That the National City Planning Commission did
hold a hearing on said Petition and did recommend to the City
Council that a variance be granted.
4. That the granting of a variance with reference
to theproperty hereinafter described will not defeat, but
rather will carry out the general intent and purpose of the
National City Zoning Ordinance, will provide for the public
safety and welfare and will administer substantial justice.
5. That a variance from the provisions of said
Ordinance No. 962 be and hereby is granted with reference to
all the certain real property situated in the City of National
City, California, more particularly described as follows:
The Easterly 130 feet of the Westerly
170 feet of the Southerly 75 feet of the
Northerly 160.75 feet of 20 Acre Lot 3
in Quarter Section 134, Rancho de la
Nacion according to Map thereof No. 166
filed in the office of the County Recorder
of San Diego County. (Assessor's Parcel
No. 563-121-03)
6. That the variance hereby granted is as follows:
Reduce the 10' front yard setback to zero feet to permit in-
stallation of a projecting double face 3 foot by 5 foot sign
at 2813 Highland Avenue be approved subject to the two con-
ditions listed below:
A. the property owner of record shall file with
the City of National City an encroachment maintenance and
removal agreement containing the following covenants running
with the land:
(1) Said sign and installation shall comply
with all requirements of the Uniform Building Code and related
ordinances thereto. Installation shall be pursuant to the is-
suance of a building permit by the Department of Building &
Housing.
(2) No portion of the sign shall interfere with
utility facilities and proper clearnaces shall be maintained by
the sign and overhead utility lines as required by the California
State General Safety Order No. 95 or other applicable regulations.
(3) The encroachment shall be abated, removed or
relocated by the owners upon demand in writing by the City En-
gineer. The property owners shall remove or relocate any por-
tion so required by the City Engineer within thirty (30) days
after
written notice, or the
City Engineer may cause such work
to be done and the costs thereof shall be a lien upon such land.
(4) The encroachment shall be installed and main-
tained in a safe and sanitary condition at the sole cost, risk
and responsibility of the owners and successors in interest who
shall hold the City harmless with respect thereto.
(5) The agreement is made for the direct benefit
of the property owners' land and covenants therein shall run
with such property and shall be binding upon the assignees and
successors of owners. The agreement for encroachment shall be
accepted and approved by adoption of resolution by the City
Council.
(6) Upon adoption of said resolution, the City
Clerk shall record said agreement in the Office of the. County
Recorder as an obligation upon the land involved.
B. There shall be no flashing lights on the sign.
C. In the event that the City Council should here-
after find and determine that the conditions above set forth
have not been satisfied, it may declare this variance void and
of no further effect.
PASSED AND ADOPTED this 15 h,d p of yebruary, 1972.
(ATTEST:
MAYOR