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RES-8582 Granting Variance No. 2002-95RESOLUTION NO. 8582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE OVERRULING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE AND GRANTING A VARIANCE TO ALLOW A USED CAR FACILITY WITHOUT PROVIDING A MINIMUM 2,000 SQUARE FOOT SHOWROOM, 1,600 SQUARE FOOT SERVICE AND REPAIR FACILITY OR 15 FOOT FRONT YARD SETBACK. VARIANCE 2002- 95 NAME OF APPLICANT: ENTERPRISE RENT- A-CAR RECITALS:After report thereon by the Plarming Commission and after due public hearings as required by law, and after receiving a recommendation from the Plarming Commission, recommending, by Resolution No. PC 48-95, that Variance 2002-95 be denied to allow a used car facility without providing a minimum 2,000 square foot showroom, 1,600 square foot service and repair facility or 15 foot front yard setback the City Council considered the Plarming Commission recommendation and granted Variance 2002-95. Said real property is more particularly described in Exhibit "A"attached hereto.Upon the public hearing before the City Council, the following facts were established:1. The applicant, Enterprise Rent-A-Car Company of Los Angeles, is requesting approval of a conditional use permit to allow the establishment of a used car sales facility. The City Council authorized the execution of a participation agreement between the Orange Redevelopment Agency and Enterprise Rent-A-Car to provide financial assistance for this project. The variance request is to allow the auto sales facility without providing the code required minimum 2,000 sq. ft. indoor showroom,1,600 sq. ft. service and repair facility, or the 15 ft. minimum front yard setback.2. The cars being sold at this facility have generally been used for approximately 2 years in the company's car rental operation. The cars are normally driven individually onto the site by the sales staff, and the volume of sales is anticipated to be approximately 40 to 50 cars sold per month at this facility. The proposed business hours are from 9:00 a.m. 3. The proposed project consists of constructing a single story 3,500 sq. ft. sales office building located near the back of the property. The remainder of the site would be paved and used for outdoor car display and parking area with no indoor showroom or service repair facility. The project also proposes to use an existing driveway easement that runs along the north property line as a secondary access. This driveway currently provides access to the 14 unit condominium complex adjacent to the east, in back of this project site. 4. The project was heard by the Planning Commission on November 6, 1995. The adjoining residences to the east (Orange Glenn Villas) had opposed to the project primarily due to the proposed use of the existing access driveway which currently serves the 14 unit complex. The Planning Commission took action to deny Conditional Use Permit 2127-95 and Variance 2002-95.5. The applicant is appealing the Planning Commission's decision to deny the project because Enterprise Rent-A-Car has spent a great deal of effort in research to locate their car sales facility in Orange, and that they are of the opinion that their sales operation will be successful at this site by providing a needed service to the community.The applicant stated that they have met with the Orange Villas Association to address their concerns. They are confident that the impacts would be minimal and that the aesthetics of site would be enhanced.NOW, THEREFORE, BE IT RESOLVED, before the City Council of the City of Orange that Variance 2002-95 be granted for the following reason:l. The size, location and surroundings of the site requires that a variance be granted in order to allow productive use of the property.ADOPTED this 13th day of February, 1996.ATTEST:r City Clerk of the . of Orange Reso. 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 13th day of February, 1996, by the following vote: A YES: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR CCONTZ, SPURGEON, SLATER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Clerk of the r SSH:ls Reso. No. 8582 3 Exhibit A Legal Description The North 191.43 feet of: All that certain land situated in the State of California, County ofOrangc, situated in the Rancho Santiago de Santa Ana described as follows: Commencing at the Southwest comer of the North one-half of Lot up of the Bush and Watson Tract, as shown on a map of Survey made by Knox and Rumble in 1871, and being a portion of the allotment to the heirs of Leandro Scnano by final decree in partition of said Rancho, rcndcmI September 12, 1868; thence North 330. 0 feet; thence East 1320.0 feet; thence South 330.0 feet to the Southeast comer of the North one-half of said Lot up; thence West to the place ofbcginning. contAining 10 acres, more or less.Excepting therefrom the West 30 feet as conveyed to the County of Orange by deed recorded May 17, 1920 in book 360, page 72 of Deeds.Also excepting therefrom the East 990 feet.Also excepting 11/100ths pcrccn1 of all of the oil, gas and other hydrocarbon substances and minerals now and hereafter in, on and under the herein described land.