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HomeMy WebLinkAboutOrd 0711ORDINANCE NO. 711 AN ORDINANCE AMENDING SECTION 1866 OF THE ORDINANCE CODE OF THE CITY OF BURLINGAME AUTHORIZING VARIANCES IN THE SIZE, LOCATION AND USE OF SIGNS AND PROVIDING PROCEDURES FOR THE APTr'LICATION FOR AND GRANTING OF SUCH VARIANCES The City Council of the City of Burlingame does ordain as follows: SECTION 1. Section 1866 of the Ordinance Code of the City of Burlingame is amended to read and provide as follows: "Section 1866. Variances A. Certain Variances by Planning Commission. Any person claiming that compliance with any provision or requirement of this Article regulating the size or location of any sign will work a hardship on him may apply to the Planning Commission for a variance. The Planning Commission is hereby authorize( to grant such a variance if it finds that the enforcement of any such provision or requirement will work a hardship on the applicant and that the granting of a variance therefrom will not be materially detrimental to the public health, safety or welfare or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvements. This author— ization to grant a variance is expressly limited to provisions or requirements relating to size or location of signs and shall not be construed to permit the grant of a variance from any other provision or requirement of this Article as incidental to an authorized variance. b Method of Application. Persons desiring a variance shall make written application to the Planning Commission. Upon receipt of such applica— tion, the City Clerk shall place the matter upon the agenda of the Commission and notify forthwith the owners or occupants of properties immediately adjoin— ing the property for which the variance is requested, as shown upon the last equalized assessment role for taxes in the City. The application shall be accompanied by a drawing of the proposed sign, the location of proposed construction upon the land or building, and reasons why strict adherence to the terms of this Article would create a hard— ship upon the applicant. At the meeting to which the matter is referred, the Planning Commission shall hear the applicant and all others and may grant the variance —1— as applied for or upon such terms and conditions as it may deem just, having due regard for the intent and purpose of this Article, or it may deny the ap— plication. No grant of variance shall take effect until after five days following the decision of the Planning Commission. l Appeal to City Council. Appeal to the City Council from the decision of the Planning Commission may be made by the applicant, any protestant or by a Councilman of the City of Burlingame. Such appeal shall be filed in writing with the City Clerk within five days following the decision of the Commission, whereupon the action of the Planning Commission shall be suspended. Action by the City Council. In the event that an appeal from the action of the Commission is taken, the matter shall be referred to the City Council which shall hear the appeal. At the conclusion of its hearing the City Council shall make its order approving, modifying or reversing the action of the Commission. The determination and order of the Commission, or if an appeal is taken, the determination and order of the Council shall be final and conclusive." SECTION 2. This ordinance shall be published as required by law. iI U YOR I, Herbert K. White, City Clerk, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 21st day of March , 1960, and adopted thereafter at a regular meeting i of the City Council held on the 18th day of April , 19601 by the following vote: Ayes: Councilmen: Johnson—Morgan—Rooth I Noes: Councilmen: None Absent Councilmen: Byrd Abstain Councilmen: Thayer City Clerk — 2 —