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PC 70-209. _A , PC'0-209 RESOLUTION N0. A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM TFIAT PETITION FOF. VARIANCE N0. 2216 BE DENIED WHEREAS, the City Plenning Co~misaion of the City of Aneheim did receive a verified Petition for Verience from EARL HARDAWAY, 219 Poinsettia Avenue, Corona Del Mar, California 92625, Owner, DAVID S. CALLIPJS, 1077 West Ball Road, Anaheim, California 92802, Agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as r'~,~ the Westerly 100.00 f'eet of the Southerly 190.00 feet of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section 22, Tovdnship 4 South, Range 10 East ; ' in the Rancho San Juan Cajon de Santa Ana, as shown on a map recorded in book 51, page ~ 10 of Miscellaneous Naps, records of Orange, County. ;; i ' s 'i i``~ l; ;:: a ;. ~; "i + €., ~ WHEREAS, the CIty Planning Commieaion did hold e pubiic headng et the City Hell in the City of Aneheim on November 30, 1970, et 2:00 o'clock P.M., notice of said pubiic heering heving been duly given as required by lew and in e~ccordance with the provisions of i4e Anaheim Municipal Code, Chapter 18.68, to hear and consider evidence far and against aeid pcoposed vatiance and to inves!igs!e and make findings end recommendations in connection therewith; and F'HEREAS, seid Cammission, efter due inspection, investigatlon, and study mede by itself nnd in Its behalf, and efter due consideration of ell evidence and reports offered at seld hearing, does find and determine thc following fects: 1. That the petitioner requests a verlence from the Aneheim 114unlcipel Code Section 18.37.020 - Parmitted uses in the C-R Zone to permit a carti~ash, gas pumps, and minor tune-up facilities in conjunction with an existi.ng auto rental agency on subject property. 2. That the proposed use would establish an undesirable precedent which would lead to similar requests from other property owners in the commercial-recreation ~rea. 3. That ttie proposed use would adversely affect the adjoining motels as there are no means of providing sufficient buffering from the noise and fumes anticipated from the servicing and tune-up of these vehicles. 4. That the petitioner has not submitted evidence that the property was being deprived of a use =njoyed by other properties in the area. 5. Ttiat in November 1969, a similar request for gas pumps and minor mechanical repairs on this same property was denied b~ both the Planning Commission and City Council, and no changes have taken place that would justify a different decision at this time. 6. That there are no exceptional or extraordinary circumstancPS or conditions applicable to tl;e property involved or to the intended use of the property that do not apply generally to th2 property or class of use in the sar.ie vicinity and zone. 7. That the ;equested variance is not necessary for the preservation and enjoymer.t of a substantial property right oossessed by otfier prope~~.~~ in the same vicinity and zone, and denied to the prcoerty in question. 8. That the requested variance will be materially detrimental to the public welfare or injurious to the proqerty cr im~rovements in such vicinity and zone i~ which the property is located. _R ~ Vl-D ~j _1_ ~ . d NOW, THEREFORE, DE IT RESOLVED that the Aneheim City Planning Commission does hereby deny subject Petition for Variance on the basis of the efo:ementioned findings. THE FOREGOING RESOLUTION is sianed and epproved bylfie t'his lOth ay~ of December, 1970. \~ . , '~ / ~ - -~ 2~' ~ CH RMAN NAHEIM CITY PLANNING COMMISSION PR~ TEM ATTEST: / ' ' ~'1'Z?2 ~ /~Z(,.-G4~~ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CA~.IFORNIA ) COUNTY OF ORANGE ) sg. ~ CITY OF ANAHEIM ) I, Atfi' Krebs, Secretary of the City Plenning Commission oE the City of Aneheim, do hereby ceRify thet the fore- going resolution was passed and aeopted et e meeting of the City Planning Commission ofthe City of Aneheim, held on Novert'~ber 30~ 1970~ at 2:00 o`clock P,N-,, by the following vote of the members thereof: AYES: COMMISSIONERS: Allred, Farano, Gauer, Kaywood, Rowland. NOES: COMMISSIONERS: Seymour. ABSENT: COMMISSIONERS: Herbst. IN WITNESS WHEREOF, I have hereunto set my hend this lOth day of December~ 1970. I , ; ~, :;~ ~ ' y~ R Vex RESOLUTION N0. 209 , V2-D ~~ ~. ~ z `7~~ l'U, SECRETARY ANAHEIM CITY PLANNING COMMISSION -?- a