1991 RES R-110-91 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CD64 28 Section 1. Findines. A. Section 18.32.020(B) of the Colton Municipal Code, in accordance with State Law, prohibits the issuance of a variance in the absence of a finding that there are "special circumstances applicable to the property, including size, shape, topography, location of surroundings, " which, if the zoning code were strictly applied to the property, would deprive the property owner of 'privilege[sj enjoyed by other property owners in the vicinity and under the identical zoning classification. " B. Section 18.32.020(B) of the Code, in accordance with State law, also requires variances to be granted with such conditions to assure that they do not constitute a grant of special privilege. C. In approving the Variance on April 9, 1991, the Planning Commission failed to make the findings and impose the conditions required by State and local laws, to wit: 1. The Commission's findings of special circumstances failed to address the size, shape, topography, location or surroundings of the property. Instead, the Commission based its decision on the following inadequate findings having no relation to the size, shape, topography or location of the property in question: a. That there are many other signs in the vicinity and zone which are located within the same distance from the freeway (the findings did not state whether such signs were legal and/or non -conforming uses or how the number of signs related to size, shape, topography, or location of the property in question). b. That the Variances will be consistent with the Zoning Ordinance once the conditions of approval are met (without a finding of special size, shape, topography, - 2 -