HomeMy WebLinkAboutCC RES 09-12RESOLUTION NO. 09-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING A VARIANCE FOR AN EXCEPTION
TO PALM DESERT MUNICIPAL CODE SECTION 25.68, SIGNS, TO
PERMIT A THIRD MONUMENT SIGN IN THE UNIVERSITY VILLAGE
CENTER, FOR CARL'S JR. LOCATED AT 36-879 COOK STREET.
CASE NO. VAR 08-304
WHEREAS, the City Council of the City of Palm Desert, California, did on the 11th
day of December, 2008, hold a duly noticed public hearing, which was continued to
February 12, 2009, to consider the request by Carl's Jr., for the above noted variance;
and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 7th day of October, 2008, hold a duly noticed public hearing to consider the said
request and by its Resolution No. 2487 denied Variance 08-304; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify denial of said request:
A. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of the ordinance codified in this
title.
Due to the property fronting on Gerald Ford Drive and the generous size
of the property there is no difficulty or physical hardship related to the
property in question. No other businesses in the University Village have a
monument sign.
B. There are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property
that do not apply generally to other properties in the same zone.
The property is not of a highly irregular shape, and there are no
extraordinary circumstances or conditions applicable to this property.
Each property within the same zone is allowed a monument sign per
frontage, the owner of the property chose identification monument signs
for the center, and not multi -tenant signs.
C. That strict or literal interpretations and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties in the same vicinity and zone.
CITY COUNCIL RESOLUTION NO. 09-12
No other variances have been approved for signage in the vicinity. The
applicant is not deprived of any privileges that others enjoy in the same
area.
D. That the granting of the variance or adjustment will not be detrimental to
public health, safety or welfare, or materially injurious to the properties or
improvements in the vicinity.
The proposed sign would not be detrimental to public health, safety or
welfare, or materially injurious to the properties or improvements in the
vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That Variance 08-304 is hereby denied.
PASSED, APPROVED and ADOPTED at a Special meeting of the Palm Desert
City Council, held on the 7th day of Nay , 2009, by the following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, and SPIEGEL
NOES: KELLY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
14%,100:-
RA :r LE D. KLASSEN, CITY CLERK
City of Palm Desert, California
ROBERT A. SPIEGEL,Mayo
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