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ITYOF SAN BER~DINO PLDJNING DEPARTMEN,o
, CASE Variance No. 84-29
OBSERVATIONS
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AGENDA ITEM
HEARING DATE
PAGE
2/18/85
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Findings of Fact for Approval of Variance No, 84-29:
A. There are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the
property. which do not apply generally to other property in the same
zoning ,district and neighborhood.
Response: Variance from the terms of,the Zoning Ordinance shall be
granted only because of special circumstances applicable to the
property. including size. shape. topography. location or surroundings. ,
There are exceptional circumstances and conditions applicable to the
property involved including its location and surroundings which limit
the ability to develop the property in the manner which has been
requested. The applicant is entering into an agreement with other
agencies in trying to obtain a parking agreement which would satisfy
parking requirements.
B. That such variance is necessary for the preservation and enjoyment of
a, substantial property right of the applicant.
Response: Substantial property right refers to the right to use the
property in a manner which is on par with uses allowed to other
property owners which are in the ,vicinity and have a like'zoning. The
purpose of the variance is to restore parity where the strict applica-
tion of the zoning law deprives property owners of privileges enjoyed
by other properties in the vicinity in and under identical zoning
classification. In this case the strict application of the zoning
ordinance would deprive the property owner of 'privileges enjoyed by
other properties in the vicinity and under identical zoning classifica-
tion. Specifically. other property owners have been granted waivers
from the San Bernardino Municipal Code relative to off-street parking
requirements.
C. That the granting of the variance will not be materially detrimental
to the public welfare or injurious to property and improvements in
the zoning district and neighborhood in which the property is located.
Response: In determining the application for a variance. the best
interest of the entire community is the controlling factor. rather
than the suitability or adaptability of the property in question for
a particular use. The variance.will not constitute a granting of
special privileges inconsistent'with limitations upon other properties
in the vicinity and zone in which the property is located. Granting
of the variance will not be materially detrimental to the public ,
welfare or injurious to property or improvements in the. zoning district
in which the property is located. .
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OCITYOF SAN S\:RtORDINO PLOJNIN~ DEP.ARTMENb
, CASE Varlance No, 84-29
OBSERVATIONS
AGENDA ITEM
HEARING DATE 2/18/85
PAGE ?
Findings of Fact for Approval of Variance No, 84-29, (Continued):
D. That the granting of such a variance will not be contrary to the objectives
of the Master Plan.
Response: The comprehensive General Plan of the City of San Bernardino
projects the property to be developed as commercial and the approval of
said application is ,not contrary to projected land use proposals. The
granting of the variance would authorize a use which is specifically
authorized by the zoning regulations governing the parcel.
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