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PC 69-176RESOLUTION N0. pC69•-176 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR ~'P.RIANCE N0. 2J 14 BE DENIED WHEREAS, the City Plenning Commission of the City of Aneheim did receive a verified Petition for Varience from LYNN V. EVAIJS, 2401 Via Marina, Newport Beach, Califcrnia 92660, Owner; MAX T. MICHIELSEN, 9380 Larl;spur Drive, Westminster, California 92683, Agent of certain real property situated in the City of Anaheim, County of Oranoe, State of California, described as the Westerly 175 feet uf Lot 24 of Tract Noe 3372, as per map recorded in Book 126, Pages 18 and 19 of Miscellaneous Maps. Except therefrom, the Southerly 130 feet thereof. WHEREAS, thr City Planr.ing Commisaion did hold a pub!ic hearing et the City Hall in the City of Aneheim on August 25, 1969, at 2:00 o'clock P,M., notice of seid public hearing heving been duly given as required by lew end in eccocdance withthe provisions of the Anaheim Municipel Code, Chepter 18.68, to hear and consider evidence for and ageinst said proposed varience and to investigete end make findings end recommendetions in connection therewith; and WHEREAS, eaid Commission, after due inspection, investigetion, end study made by itself end in its behalf, and efter due consideretion of ell evidence and reports offered at said hearing, does find and detertnine the following facts: ~.'~ ~ 1. Thet the petitloner tequests a varience from the Aneheim Municipel Code as follows, to establish a restaurant and retail pie shop on subject property: SECTION 18.40.070(4-d and 4-~} - Minimum rec~uired off-street oarkinq. (22 r~arHir.a stalls required; 17 narkina stalls proposed). ~ 2. That the approval of subject petition wouid establish an ur.desirable precedent by permitting waiver of more than 22~ of the required parking, and although a loss of five spaces does not appear to be significant, if each commercial operation were permitted a similar reduction, a grave parking problem wouid result. 3. That adequate parl:ing can be provided on the site; however, the property ov+ner was not desirous of i•el.inquishing additional. land :or off-street parking. 4. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to th? intended use of the property that do not apply generalty to the property or ciass of use in tF~e same vicinity and zone. 5. That the requested variance is not necessary for the preservation and enjoyment of a substantial property :ight posses6ed by other property in the same vicinity and zore, and denied to the property in ~n~estion. ~ 6. That the requested variance will be materially detrimental Co the public welfare ,'~ and~or injuri.ous to the property or i,r,provements in such vicinity and zone in which the ' property is located. ~ ~`,' Vl-D -1- `~ :E; ~ l' I 1 .J NOW, THEREFORE, BE IT RESOLVED that the Ar,eheim City Planning Commission does hereby deny scbject Petition for Variance on the basis of the eforementioned findings. THE FOREGOING RESOLUTION is signed and approved by me this 4th day o SeptembAr, 1969. CHA M ANAHEIM CITY PLANNING COMMISSION ATTEST: i'L~~l~?~ •/X7~ ~~_~ SECRETARY ANAf;EIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Ann Krebs, Secretery of the City Planning Commission of the City of Aneheim, do hereby certify thet the fore- going resolution was pessed and adopted at a meeting of the City Planning Commission ofthe City of Anaheim, held on Augus t 25, 1969, at 2:00 o'clock p,(y~,~ by the foilowing vote of the members thereof: AYES: COMMISSIONERS: Camp, Gauer, Thom, Rowland. NOES: COMMISSIONERS: None. ABSENT: COMMISSIG~NERS: A.ilred, Farano, Herbst. IN WITNESS WHEREOF, I have hereunto set my hend this 4th day of September, 1969. /! ~-2 ~-~i ~! l z SECRETARY ANAHEIM CITY PLANNING ~OMMISSION RESOLUTION NO. ~ ~6 V2-D -2- ~