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RES-9076 Denying Appeal No. 447RESOLUTION NO. 9076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING APPEAL NO. 447 AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE TO DENY A VARIANCE FOR THE INSTALLATION OF A FREESTANDING SIGN IN EXCESS OF THE HEIGHT LIMIT REQUIRED BY CODE UPON PROPERTY LOCATED AT 1944 EAST TAFT AVENUE. Appeal No. 447 Variance No. 2054- 98 Appellant and Applicant: Outback Self Storage RECITALS:WHEREAS, on August 17, 1998, the Planning Commission conducted a public hearing as required by law to consider Variance No. 2054-98 for property located at 1944 East Taft Avenue; and WHEREAS, the proposed variance, which had been approved by the Zoning Administrator, was to construct a 35-foot high, 160 square foot freestanding sign, which exceeds th,~ limits allowed by the Orange Municipal Code; and WHEREAS, the subject property is more particularly described as follows: 8. 99 acres of the Bush & Watson Tract, more commonly known as 1944 East Taft Avenue; and WHEREAS, by Resolution No. 56-98, the Planning Commission denied Variance No.2054- 98 with certain findings; and WHEREAS, Appeal No. 447 was timely filed by the applicant, Outback Self Storage;and WHEREAS, the City Council heard the appeal of Outback Self Storage by conducting a public hearing on January 26, 1999; and WHEREAS, at said public hearing, the City Council heard the testimony of appellant as wdl as members of the public and found the facts more particularly set forth as follows:1. The strict application of the zoning ordinance related to the size and height of signs does not deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification because there are no special circumstances applicable to subject property, including size, 2. Granting the requested variance would constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject propt:rty is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Appeal No. 447 is denied and Variance No. 2054-98 is denied for the following reasons:I. The foregoing recitals are true and correct.2. This property and the variance requested do not provide the findings required by Orange Municipal Code Section I 7.1 0.040 and Government Code Section 65906.Adopted the23'" day of February, 1999. ATTEST:ayor Joanne Coontz C/ lk~~~City Clerk oft ity of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 23nl day of Febl1llary, 1999, by the following vote:AYES:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: NONE ABSTAIN:COUNCIL MEMBERS: NONE MEB/ dg Reso No. 9076