HomeMy WebLinkAboutCC RESO 10,405RESOLUTION NO. 10,405
RESOLUTION GRANTING ZONE VARIANCE PURSUANT TO ORDINANCE NO. 962
(No. Z-83, 1803 Highland Av.)
The City Council of the City of National City does
hereby find, deteLmine, 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 variance has been
filed pursuant to the provisions of Section 12 of Ordinance
No. 962 and said Petition complies with all the requirements
of said section.
3. That the National City Planning Commission did
hold a hearing on said variance and did recommend to the City
Council that a variance be granted.
4. That the granting of a variance with reference
to the property 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 is hereby granted with reference to
all that certain real property situated in the City of National
City, California, more particularly described as follows:
Lots 1 to 6 inclusive, together with the Westerly
25 feet of Lots 15 to 20 inclusive, in Block 1 of
Frank P. Reed's Sub -division of the North Half of
20 Acre Lot 2 in Quarter Section 133 of the Rancho
de la Nacion, in the City of National City, County
of San Diego, State of California, according to
the Map thereof No. 90 filed in the Office of Re-
corder of said San Diego County, July 8, 1887.
Also together with that portion of the alley as
vacated and closed in said Block, lying Northerly
of the Westerly prolongation of the Southerly line
of said Lot. 15.
6. That the variance hereby granted is as follows:
Pe Lit two (2) Pump Island Canopies to Encroach within the
Required Ten Foot Setback at 1803 Highland Avenue (Shell
Oil Company), subject to the following conditions:
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. All proposed work shall comply with the fire
resistive requirements as specified in Section 1603 of the
Uniform Building Code. Canopy covering shall have a fire retard-
ant rating and shall be constructed of approved materials.
2. Structural supporting members shall be de-
signed and anchored in such a manner as to resist all loads
imposed by horizontal and/or vertical forces.
3. No portion of the structures shall interfere
with utility facilities, and proper clearances shall be main-
tained by the canopies and overhead utility lines as required
by the California State General Safety Order No. 95 or other
applicable regulations.
4. The encroachment shall be abated, removed or
relocated by the owners upon demand in writing by the City
Engineer. The property owners shall remove or relocate any
portion 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.
5. 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.
6. The agreement is made for the direct benefit
of the property owners' land described in the agreement, and
covenants therein shall run with such property and shall be
binding upon the assigns and successors of owners. The agree-
ment for encroachment shall be accepted and approved by adoption
of resolution by the City Council.
7. 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. 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 20th day of July, 1971.
ATTEST: