HomeMy WebLinkAboutAGENDA REPORT 1994 0518 CC REG ITEM 11KITEM //• K
AGENDA REPORT
CITY OF MOORPARR
CoinGil Mcr
ts;_y
TO: The Honorable City Council ACTION: ' S/
FROM: Steven Kueny, City Manager
9y
DATE: May 13, 1994 (CC Meeting of May 18, 1994)
SUBJECT: Consider Request by Mr. Gonzalez to Install a
Second Driveway at his Home at 239 Roberts Avenue
BACKGROUND:
Mr. Gonzalez first applied for a zone clearance and
encroachment permit on or about April 1, 1994, for the
purpose of installing a second driveway at his residence at
239 Roberts. The second driveway was to be located in the
front yard area of this corner lot. His first two requests
were denied by the Community Development Department for being
inconsistent with adopted City Council policy. On April 14,
1994, Mr. Gonzalez resubmitted his request. The Director of
Community Development made a determination that this request
was consistent with the Council's October 1988 "Policy on
Second Driveways and Driveway Expansions in a Residential
Area," and a zoning clearance was issued. The City
Engineer's office subsequently issued an encroachment
permit. The zone clearance is attached as Exhibit A.
On April 22, 1994, the City Manager reviewed the Director's
interpretation of the Council policy with the Director and
directed him to rescind his approval. The basis for this
direction was that the placement of a driveway apron that
does not serve as a driveway for side or rear yard parking,
or to a garage, is not consistent with the adopted policy.
In addition, from field observation, it did not appear that
a five (5) foot wide landscaped area was being provided
adjacent to the east property line. Specifically, the
approved action did not appear to adhere to points 10. and
12. of the October 1988 Council policy. A copy of this
policy is attached as Exhibit B. The City Manager further
directed the Director of Community Development to work with
Mr. Gonzalez to provide for additional parking on the Millard
Street frontage adjacent to the existing driveway and garage.
The Director spoke with Mr. Gonzalez that same day and
offered to work with him to resolve the issue. The Director
met with Mr. Gonzalez on April 25, 1994, and both agreed that
Mr. Gonzalez could build an additional panel area between the
garage and the property line. Prior to the meeting, Mr.
Gonzalez had already removed the concrete curb, gutter, and
sidewalk, and a portion of his front ✓ard grass.
The Honorable City Council
Agenda Report
Page 2
May 13, 1994 (CC Meeting of 5/18/94)
The City Manager also spoke with Mr. Gonzalez about the
situation. Mr. Gonzalez then redrew the plan and submitted
it on April 28, 1994. Staff approved the plan the same day
(Exhibit C).
Mr. Gonzalez then appeared at the May 4, 1994, City Council
meeting and requested Council's consideration of his request
to be allowed a second driveway on Roberts Avenue.
DISCUSSION:
On May 5, the City Manager met with Mr. Gonzalez and his
father concerning the matter. The primary reason for their
request is to comply with the street sweeping parking
restriction since their Millard Street driveway is not long
enough to accommodate parking. we discussed various options
including:
1. No additional off - street parking at 239 Roberts Avenue.
2. Modification of City's street sweeping schedule to allow
on- street parking on Millard Avenue on the day when
Roberts Avenue has restricted parking (and vice versa).
3. Implementation of their request.
4. Implementation of the April 28 approval for additional
parking adjacent to his existing garage and driveway.
The senior Mr. Gonzalez expressed his preference for parking
in the front yard area (Roberts frontage). He felt
additional use of Millard would affect the safe use of the
crosswalk that abuts his north property line. The younger
Mr. Gonzalez acknowledged that the eight feet (81) between
the house and the east property line did not allow them to
park in either the side or rear yard, and it was their
intention to park on the concrete driveway in the front yard.
The Department of Community Development had not made a site
visit prior to approval of the zone clearance. A mature tree
is within the approved driveway area and is not shown on the
plan. The Public Works Department measured the lot frontage,
and the attached plan (Exhibit D) shows the driveway approach
as 19 not 12 feet, and the landscape area adjacent to the
east property line as 2 not 5 feet, with the result that
about 40% of the front yard area would be used for the
driveway.
The Honorable City Council
Agenda Report
Page 3
May 13, 1994 (CC Meeting of 5/18/94)
I appreciate the action of Mr. Gonzalez to comply with the
street sweeping parking restriction. However, if the 1988
Council policy is to be broadly interpreted, I feel that it
is better to install additional concrete driveway adjacent to
the existing garage and driveway rather than use a relatively
large part of the front yard for this purpose. The City has
not approved a similar second driveway request. There are
a number of nonconforming second driveways in the older
neighborhoods. The second driveway at 367 Sherman Avenue
appears to be the only one similar to that requested by Mr.
Gonzalez. It was not approved by the City and is not
constructed to City standards.
If the City Council concurs with the City Manager, it would
be appropriate to reimburse Mr. Gonzalez for the concrete
removal and restoration of his front yard grass and to
replace the concrete in the right -of -way at City expense.
STAFF RECOMMENDATION:
1. Concur with the City Manager's action to deny second
driveway on Roberts Avenue frontage.
2. Concur with Director's April 28 zone clearance action
(Exhibit B).
3. Direct Community Development Committee to review the
issue of second driveways in residential areas and to
make a recommendation to the City Council.
SK:db
Attachments: Exhibits A, B, C and D
c: \wpwin \ccagenda \gonzalez.wpd
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ZONING CLEARANCE NO
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EXHIBIl l
CI'I-)' ()F M ORPARK
ZONING CLEARANCE
{ DEPARTMENT OF COMMUNITY DEVELOPMENT
C{ — 61 CASE REFERENCE NO, f
NF APB
•/ H•IL SAP f�
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PROVIDE SITE PLAN BELOW. SHOW LOC TION OF EXISTING AND PROPOSED
BUILDINGS AND ALL EXTERIOR DIMENSI NS OF NEW CONSTRUCTION AND
ACTUAL DISTANCES TO PROPERTY LINIES AND BETWEEN BUILDINGS
1
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M :N W 1YWEF!, " 1 D(.,, NE:).l il[ `.i c,AHKIW.:C-?C' ['ri •:;.r .l -
OPEN: CARP RT: GARAGE:
EXEMPT I I ND /CND EIR PECIAL CONDITIONS OR R QUIREMENTS C� SEE PAGE 7
NOl ICE THIS CLEARANCE BECOMES NULL AND VOID IF WORK i)R CONSTRUCTION AUT RIZED IS NOT COMMENCED
WITHIN, OR IS SUSPENDED OR ABANDONED FOR PF RIOD CIE. 180 DAYS AFTER ZONING CLEARANCE
APPROVAL BY COMMUNITY DEVELOPMENT.
STATEMENT I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ZONING CLEARANCE IN ITS ENTIRETY AND STATE THAT THE
INFOR TION GIVEN IS CORRECT AND AGREE '1) COMPLY WITH ALL PROVISIONS OF THE CITY ZONING CODE.
OAN I nnA
11
..1 � WHEN PROPERLY VALIDATED T+l1S YOUR ZONING CLEARANCE
DISTRIBUT ION White �.a,m I � . 1, . . , Pink
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M :N W 1YWEF!, " 1 D(.,, NE:).l il[ `.i c,AHKIW.:C-?C' ['ri •:;.r .l -
OPEN: CARP RT: GARAGE:
EXEMPT I I ND /CND EIR PECIAL CONDITIONS OR R QUIREMENTS C� SEE PAGE 7
NOl ICE THIS CLEARANCE BECOMES NULL AND VOID IF WORK i)R CONSTRUCTION AUT RIZED IS NOT COMMENCED
WITHIN, OR IS SUSPENDED OR ABANDONED FOR PF RIOD CIE. 180 DAYS AFTER ZONING CLEARANCE
APPROVAL BY COMMUNITY DEVELOPMENT.
STATEMENT I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ZONING CLEARANCE IN ITS ENTIRETY AND STATE THAT THE
INFOR TION GIVEN IS CORRECT AND AGREE '1) COMPLY WITH ALL PROVISIONS OF THE CITY ZONING CODE.
OAN I nnA
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..1 � WHEN PROPERLY VALIDATED T+l1S YOUR ZONING CLEARANCE
DISTRIBUT ION White �.a,m I � . 1, . . , Pink
M E M O It A N 1) tJ N
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: September 2.9, 1988 (CC meeting of 10/5/8£3)
SUBJECT: SECOND DRIVEWAYS AND DRIVEWAY EXPANSIONS IN A RESIDENTIAL AREA
Background
Several weeks ago the city beclan the process of repairing curb,
gutter and sidewalk in the Shasta Avenue residential area. The
repair work was necessitated },ecause of damaged caused by mature
trees within the public right -of -way. As the contractor commenced
work in this area there began a number of request for second
driveways and expansions of the existing driveways. This is a
mature neighborhood and as such the residents have been utilizing
their side and rear yards without benefit of an actual driveway.
In other cases the residents have been taking advantage of side or
rear yard space by gaining access directly from the front yard.
{^...:... Y{',. t� .a•;.�+r^'�:+i:t.;rrce`iFt+nw.,
Inasmuch4a these eque�staSare�u• related:= ao�y:anson- going :construction
project;;, there is a.nsensek ofurgencyy Afso;' staff -is • concerned` with
ue�.
the potential precedent from both zoning and public works
perspectives that might take price with other similar requests in
the future. Therefore this mai-oi is k�eing brought before the City
Council so direction may be Ii v• t ; t a f.
The City
MOOR ARK
ITEM::
JOHN PATRICK LANE=.
the request. of two property owner!,
STEVEN KUENY
Mayor
,It
City Manager
?_f RISE BROWN
Jo.r
�o ? " �'i�
CE ;YI- J. KANE
Mayor Pro Tem
JOHN GALLOWAY
�.� ���
(<' °�;• 'f.
City
Y y
PATRICK RICHARDS, A.LC.P.
COUnCllmember
I`
t
Director of
CLINT HARPER, Ph.D.
o ' �:
Community Development
Councilmember
\
R. DENNIS DELZEIT
13EFINARDO M. PEREZ
(.try Engineer
Councilmember
JOHN V- GILLESPIE
MAUREEN W. WALL
EXII I B F
Chief of Police
City Clerk
M E M O It A N 1) tJ N
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: September 2.9, 1988 (CC meeting of 10/5/8£3)
SUBJECT: SECOND DRIVEWAYS AND DRIVEWAY EXPANSIONS IN A RESIDENTIAL AREA
Background
Several weeks ago the city beclan the process of repairing curb,
gutter and sidewalk in the Shasta Avenue residential area. The
repair work was necessitated },ecause of damaged caused by mature
trees within the public right -of -way. As the contractor commenced
work in this area there began a number of request for second
driveways and expansions of the existing driveways. This is a
mature neighborhood and as such the residents have been utilizing
their side and rear yards without benefit of an actual driveway.
In other cases the residents have been taking advantage of side or
rear yard space by gaining access directly from the front yard.
{^...:... Y{',. t� .a•;.�+r^'�:+i:t.;rrce`iFt+nw.,
Inasmuch4a these eque�staSare�u• related:= ao�y:anson- going :construction
project;;, there is a.nsensek ofurgencyy Afso;' staff -is • concerned` with
ue�.
the potential precedent from both zoning and public works
perspectives that might take price with other similar requests in
the future. Therefore this mai-oi is k�eing brought before the City
Council so direction may be Ii v• t ; t a f.
The City
Council at their meet
:rrd )f (September 7,
1988 considered
the request. of two property owner!,
fot.a second
driveways (these
�tre both
corner lots) arul It
rnt c',1 t 1l" requests.
'rile Council
directed
staff to consider ;13
t ;c n.rl aduest s or;
a case -by -case
hasis and di.rc•<,ted stiff t„
of Section
£1160 -2.4
of t.lrr, toot -p.:u lc :our, i .
r „ic curt. i 1 t.lrr
lei e lopmcttt. of d
city -wide
policy r s c rr It r'
i?3() Mc- orfmrk Avenue
;i�t;�t,u�) ?• : /c'Ef?tr ?tI I I'JK : r�r 1
MourparM, G; jiiforni,r 93021
(£305) 529 -6864
•tit r•nah�•t ` +, I `liiii
'Ihero 1pn.•,ar ; t.. ho I'Nu I . i1,; 'n!.oci ate (I ,,Ith this matter.
F rst , t „ pr "v d" honu� .. 1 1 .1 rt- .asonah le a :t;e o f t he i r
property. ';f (IM, to .idi. xi isag 1,orIinc; f,t,uadar(is which
When app ic,cl inivf rsaI I n, t.rin thr, w1•rall integrity
of the
As noted above, home owner t
n ; , nq 1 ht° i.r side
and rear
yards
for
vehicle
and RV storage w th
o any specific
approval
from
the
city.
Also, the city ha 1::
np-n •,tri.ct.ly enforcing
such
yard
area
requirements in the I a A
tt tin y because
to do so
may
only
force
more vehicles onto .,a,
�uhl c streets
rt what
turns
out
to be
loncl term >toragv.
The city zoning code Secs iol. 61( ; - -2 11 (see attachment) requires
that no vehicle; be parked :,t - l in atay required yard area. The
following di.agr,am illustra--; '10 tyl 1:•,al residential zoning yard
area:
--- - - - - -- -Rear yard
-------- Side yards
-- Front yard
If a property owner has ra <aa pi yard area than noted above then
they h.av- the opportunity i : -i not he in violation of the
c i t y' r. Z "n i r.q :ode. Hc; : t I 1 n oppow tan i t y comes the
following f:flnr—Ins by surf:
o xp and ,a (.It i.. ,: add ,anotl::•t drivf. way will
I1r.in,t on ;tt•• i!!: ..:i. :h ., n'ty t)l,ay ;a critical
the ri:t :1 ,wt h()nni:ifa t ,Iddition<aI
Ihit11 ;r I: i c l 1r, .added to a
•a'; !-11 1 , I .;:,1 (1- 1r i - ;:1,a i n a* home.
Mii k60OF /('l R J 1 1'.l i{ : f t
:hrc,uc; :',c1 ;t tile•
: u I r•', It C('�tilt'
iurvt• t �1e i t ,�r i s >r
t1y :h•1 :IC1.., I(t fete tt -.,:t
. ,>1 ;(.• rity r;h(•ttld not l :n(r „i :ic; :y
`i .:�� .I.1 i„• in onf l ict ::it'rt ili! ",
A. lc'!, w tIt ir; IIOA'.. ;ho :l :(I
.•.� :i��r to I, ;t ir't
3. 1)ist. In(•e from cot net !n.i o' her (I1 i.veways may eau se ;ite
obstruct.i.on, leaving e l y p(n to claims 1)ecait e of.
it's approval.
4. Second driveways
street; and other
mainly to reduc
Although the city cr
so they do not f:
in the city.
uLd I(' discouraged on collector
i ;1�1 volume roadways. Phis i s due
h" nunrher of traffic confl.i.c :.s.
I: , -!it ly i designing residential units
I l o t of , such c i rcumstances exist.
5. Although a mitt(,-- n (:r:l;' of aesthetics, view obstructing
fences /walls and ga hclrld screen such parking or
storage. Also (la h(111d not swing over public
right -of -way as aga aria places additional liability
upon the city. A 111nc1 (late is the ideal. Anot.her -
aesthetic concern i:; 'h- amount of pavement that the front
of the house may ac� 1)} either widening or- adding a
new driveway. Tl:n t ilrf block would help minimize
the effect ect acrd st 1 ! r t t ecluf nt use .
Although a wall or fence m,1y p: ovi led there is st.i 1 .1 the concern
that the vehic Le or recr'-•at r. 1 -< mponent may be too large to
sufficiently screen it from .
Attached are several phot,lgr•t. ti . 41ii 1h help illustrate the varied
request and situations thr+ c�lrrfntIy exists regarding this
matter.
Photo No. 1 - Shows in existing paved area in the front
yard .-1er( a full height curb and gutter
war it t 1 (,d. The view obscuring gate can
be ;e- 1d j,1c••nt t.o the house. In ossence
le• in the floret yard.
Photo No. 2 P - Shc,N : 1 It iveway approach has beell
in• t � • � :t :�� pavement t.•> t11e :;1d(• ,';ird
,1 ;eat( o: ! ence.
Pho t (, tJ() . 4
I'' A I t I .1 t (•(t1:t•a' �.(> en 1,1: (;t• • h:'
•i: ���• � ��[ IISt'.lbl• �'1t,fi l:l I•I::,t (,
t I. t n: t•:I Id j 1(.#.Il 7 t I:
Mi %f,i Ill F. /(•1lkr)f`II I'.1!(:(-r I
These 10nt us only show soi i,,
he jai sr ct by the quvst .
dr ivewayr, or t c extend t h,•
I:'• :t i v y w()t1
t t t;t I 'and I"in),
p .,hl�• ctuif :c;ur'at.i.oras; th'it c,ua
: � , ,,.t ,)a nr)t o al low second
Recommended Action
It is recommended that IN my Council adopt the following
policies regarding encroachm,n- Aermits for second driveways and
driveway expansions.
1. Second driveway appt�ach,s are permitted on corner lots on
the street side t,Ke re no previous driveway approach
exists. Also, such in approach shall not be placed within
60 feet: of the =rre !UK:;
i a::
2.
Where a second driveway approach is used on a corner lot
all gates shall rwir::
inward or shall be a sliding/rolling
gate parallel with t
:t v roperty ling.
3.
No second driveway
;a, +l. b•- permitted on a collector or
arterial street, Est a'
• hlylrw ay,
4.
All second driveway:
anu driveway expansions, shall receive
Homeowners Associ,at
n�: ;whets• applicable) prior to any
approval by the c' t'r
Opp rd V-1
5.
All second driveways
in -he required front yard shall use
turf block which Q11
he planted and maintained or have
grass /lawn from hack
of alk (back of curb if no sidewalk)
to the front fence /w
1: 1 in,'. All parking in the side or
rear yards shall :)f
h,Atind i view - obscuring fence or
wall six (6) feet l i
nc l sling gates.
6. All side yard parking netween garage /house to property
line shall requit a iu:num f ten (10) feet.
7. All second driv(ay h•li • no wider than twelve. (12)
feet .
B. No second drive; iy < Aparn; ion shall cause a corner of
mid -hlouk sight P • 41.
9. Thore .i):ai 1 h- 1 -11 1w] „s 0 fee; of full height curh
iiFiJf,OgF /UHRONI ?JR,r'r i
i,t F
i' ifl�•
ll;
No i).ft nlllfl .i I of inn �;l[i'f ;fLlf i i:f•
peI[:I ii: tI. �1 Ir >nt Yard on tii„
;II'.,deI I f i d
Alir�•� I in I c��:., I %i >� f:inr; � :t! ndi;:fi rofn
11. Top of urb for It :. 'q fj .Ippl f,,ich must. be. a minimum of
feet from adjacent f i .. t y ' ine frxcept on corner lots or
lots on a knuckle
12. That at. least. a minini•.m of five '(5) width in landscaped
areas shall be pt vidf•d and maintained between the
adjacent propert7 l;:,e Ind the paved driveway from the
front )f the garafle - • 11, - Cl. t h.
Attachments: Photos
t1i37f�0�)i { /(�IIROPdI i',rR:��I
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Ila 3i a 11 f- -'J t (20)
';e ( residcntiL ;i iculnural zoned FUL ,hail ho usmi
for 'lio A(:t-os-;uvy parking or w o tV4 -if vehicles which art vin. and :A)
carry ❑or- than A three -quaz Ler 1/4) ton Load and whncli Ai"-. 11n(-d for
shipping and/or the delivaL I a: froighr and products, oxcept thoso
lots wher• do I i very to ;torn., )r market, of agricultural oc
horticultural commodities i; U, vmittcd under this Chapter and v I
occurring )n said lot; (Mi. 14HV QM-11:1131)
S,-,c. 3160-?.3 - No yard or open pic" ou adjoining property shall li•�
conjiderna an providing requicn: ya:d at open space for another lot
under tho provisions of this Cha o•r, and no yard area or other open
space provided around any bULLK .4 for the purpose of complying with
the provisions of this Chapter V.P 'a considered as providing A yard
or open space_- for any other 1) UP :i; (Al. ORD. (13512- 11/3/8 1)
Sec_ 3160-2.4 - No yard or A40L open space required around any
building for the purpose of :omplyia4 Kitt the setback regulations of
this Cha"t-r •hill ba used 'no "-Vng or storage of any vahicl2n,
open StAcAgo, girages or )rL : 1Ccn1sor-)r b ti i I d in,�- s , ex c!: p t as
specirEcally prov:ded in this Cho ..r. ME OR1143577-11/301)
Sec. 8160-2.5 - The parking oz ;r rage of operacive razor a-'-(!
!:1otorh(-)mt-.s in. the driveway L) park nv
g spac-.! is )ermintz:n! within
A (AM. 01M. 1 •1)
Sec. 3160-1.0 - Nowichscand. 34 he pro ;vribed franc yards for the
several zours, in all zones naer, front yards are required, the depth
of such front. yard shall be nor lvs . than the average depth of ht—.
front yards of z-he lots ne-xr- -i(lia -n!: -_.1v-.,-.to on either sidt-, providieo,
chat said idjacenr lots ar" nr - P• 1),J on t a n-M&M, b- 1 ld ings Whor-
c "1 .1 d ja 11 t 10-_ is va. C 3:1 1 l u cuniet4 by 1
huilding, or in o, zupial by
of mor• chart one aid one-half 1 2 1M. 720 depth ! two rwi in na
Parnicular Zan•, :ne .rout •a o I w h ad I acpnn ot shall ho
zonsidor—! .11 5e a, or ,. :lo a h , tor '.)A1!-p'-non o*' `._`at:
"Yuv1A:oK'
1 o Aw•lLings W• is 1 %441 Fe): L -.30 s e
E.XF; 131 1 '
CITY 01• N1o0 J)AM PAGE I OF
° ZONING CLEARANCE
::;�•i DEPARTMENT OF COMMUNITY DEVELOPMENT
(mil Q �
ZONING CLEARANCE NO. -f - -` CASE REFERENCE NO.
PR63F CT if) URFSS NEAREST CRO. "ti ` • P "nT +f
��0 Rot3tERtS A�ln MIUAQC7 I I r+,�7Et) ('Iie)NZALFZ SLS 2.0
PRUPOSFU IJSE!SI - - _ - �",� cif
c�.xTLro(�cO De- ,VCv'I -q F13 PAauf�ta. ��, t?�QE 2ti :may_
PROVIDE SITE PLAN BELOW. SHOW LOCATION OF EXISTING AND PROPOSED
BUILDINGS AND ALL EXTERIOR DIMENSIONS OF NEW CONSTRUCTION AND
ACTUAL DISTANCES TO PROPERTY LINES AND BETWEEN BUILDINGS
SIDI
i lf}
i I A M
Maw m
Z w D
D
O I i
o �' H
n
m
Z
� qq
SIDE -- a
OFFICE USE ONLY BELUvv THIS LINE
A,SSESSOR PARCEL NO f ' ZnNF I CODE SECT NO
of Wlo? ti 1L61 6L-pi 1• - fMAX
vIN FRONT VD MIN HEAR Y!) - _ - PA 1. v _ - -- MIN SIDE YD (REAR 113)
±IN DIST BE1 WEEN BLDGS I REQUIRED PaRKiNG 19' . 10 por space;
OPEN: CARPORT: GARAGE:
A
NVIRONMFNTAI D CO ' ENT
J EXEMPT 1. J ND /CND ! EIR SPE( AL CONDITIONS OR REQUIREMENTS SEE PAGE 2
NOTICE THIS CLEARANCE BECOMES NULL AND VOID IF WORK .)R CONSTRUCTION AUTHORIZED IS NOT COMMENCED
WITHIN, OR IS SUSPENDED OR ABANDONED FOR c, PE F'100 1C•F 1130 DAYS AFTER ZONING CLEARANCE
APPROVAL BY COMMUNITY DEVELOPMENT.
STATEMENT. I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ZONING CLEARANCE IN ITS ENTIRETY AND STATE THAT THE
INFOFWATION GIVEN IS CORRECT AND AGREE TO COMPLY WITI -. ALL PROVISIONS OF THE CITY ZONING CODE.
'•PLI;;ANT'S SIGNAi iE: DA'[ n •viANCf HOKPt' "- GATE
WHEN PROPERLY VALIDATED THH +i vC1(1 • 70NiNG CLE ARANCE
v DISTRIBUTION While - Comm Uri Canan n Salel Pink Applicant