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PC 69-196^ ' J ~ ', RESOLUTION N0. pC69-196 c A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARiANCE N0. 2127 gg GRANTED ; WHEREAS, the City Plenning Commiation of the City of Aneheim did receive a verified Petition for Varience from CHAO'S, INCORPORATED, 1560 South Harbor Houlevard, Anaheim, California 92802, O,vne:; FEDERAL SIGN AND SIGNAL ~RPORAI'ION, ~036 South Oak Street, Santa Ana, Califoznia 92707, Agent of certain real property situated in the City of Anaheim, County of Orange, State of Califo~nia, described as South 310 feet of that po:tion of the Southwest quarter of the Southeast quarter 4~ of Section 22, Township 4 South, Range 10 P~est in the Rancho San Juan Cajon de Santa Ana, as 1 per map recorded in Book 51 Page 10 of Miscellaneous Maps, in the office of the County '~ Recorder of said County. Beyinniny at the Southwest corner of said Southeast quarter of ~ Section 22; thence North 67;i.00 feet along the West line of said ~outheast quarter; thence ;# East 5?3,51 feet parallel with the South line of said Southeast quarter; thence South 0° 16' 30" East 675.11 feet. to the S outh line of said Sout'~east quarter; thence West to the fi point of beginning. Except the West 450~00 feet. 'i ~ ~ WHEREAS, thc City Plnnning Commiasion did hold e public headng et the City Hall in the City of Aneheim on September 22, 1969, et 2;00 o'clock P.M., notice of setd public hearing having been duly given es required by lew andin accordence wlththe provisions of the Anaheim Municipal Code, Chapter 18.68, to heer and consider ev!dence for and ageinst aeid proposed varience end to inveatiQete end meke findings end recommendations in connection therewith; end 'i _ WHEREAS, said Commission, aftet due inspection, investigetion, end study mede by itself and in its behelf, ' end efter due rnnaiderotion of ell evidence ond teports offered at said hearing, does find and detecmine the following ~ fects; 1. Thet the petitioner requesta a varience fmm the Aneheim Municipel Code as follOws, to permit the construction of a canopy structure: !. SECTION 18,85.010(B) - Minimum required front setback (20 feet required; 1 foot proposed). ' 2. That the Commission does hereby deny the request af the waiver of the minimum front i- setback to permit a 1-foot setback; however, an encroachment into the 20-.Eoot required set- I back to within 13 feet of the Katella Avenue public right-of-way is hereby granted. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use, as approved, of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance, as granted, is necessary for the preservation and enjoy- ~ ment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. i 5. That the requested variance, as granted, will not be materially detrimental to the i public welfare or injurious to the property or improvements in such vicinity and rone in which the property is located. i~ 6. That granting of the 1-:oot setback for a canopy would create a 34-sq. {ootsign aLnost ; on the prop~rty line, thereby qranting the petitioner a privilege not given other properties in close proximity. 7. That the Commission recommends that ti~e permitted encroachment be in the form of a cantilevered canopy rather than a canopy erected on aoles. V1-D •1- I R ~ __ _ __. ~ , L' ~. r 1 ~ ~ . ~; t~ ~ 'J ' ~a ~ ~ ~ VED thet the Aneheim City Planning Commission does hereby grent subject Petition for,Veriance, upon the following conditions which are hereby found to be a necessary prerequisite to the pro- posed use of the subject property in ocder to preserve the safety and general welfare of the Citizens of the City of Anaheim. 1. That this variance is granted sub;ect to the completion of Reclassification No. 66-67-61. 2. That subject property shall be developed ~ith a cantilevered canopy which shall project no closer than 13 feet to the highway right-of-svay along Katella Avenue, and that landscaping be provided beneath}the canopy, except in vehicular accessways, to assist in adding a decor which will enhance ,.he property. ~ ~ NOW T'HEREFORE BE IT RESOL ~, THE FOREGOING RESOLUTION is signed and approv ~y me this "~d day 0 Octobe` , 1969. ~ 1 1 1 ~ ~~ CHAIRMAN ANAHEIM CITY PLANNING COAIMISSION ATTEST: / ~ _ -~ z ,,z. i~,~~~/ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIAI ) I~ Ann Krebs ~ Secretary of the City Planning Commission ot the City of Anaheim, do hereby certity that the fore- going resolution was passed end edopted at n meeting of the City Planning Commission of the City of Aneheim, held on S eptember 22, 1969, at 2:00 o'clock P.M., by the following vote of the members thereoE: AYES: COMMISSIONERS: Allred, Camp, Fareno, Gauer, Herbst, Thom, Rowland. NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Nnne. IN WITNESS WHEREOF, I heve hereunto set my hand this _~nd day of October, 1969. l ~L-'7 : r c ' ~~`L~:.Ih: i SECRETARY ANAHEIM CITY PLANNING COMMISSION RESOLUTION NO. 196 V2-G Z ~ ~ N