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PC 72-147. ~ ~ RESOLUTION NO. PC 72-147 A RESOLUTION OF TFiE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2376 BE GRANTED IN PART WHEREAS, thc City Plenning Commiseion of thc City of Anehelm did ceceive e verified Petition for Veriance from WILLIAM P. VISSER. 7U1 ~~!est Lincoln Avenue, Anaheim, California 92805, owner of certain real property situated in the City of Anaheim, County of Orange, ~tate of California, described Lots S, 12 and 13 of Resh's Subdivision; and WHEREAS, the City Planning Commisaion did hold a public headng et the Citq Hall in the City oE Anaheim on July 10, 1972, et 2:00 o'clock P.M., nodce of said public hearing having been duly glven es required by lew and in ecoocdence with the provisions oE the Aneheim Municipal Code, Chepter 18.68, to hear and consider evidence for end egelnst seid proposed verience end to investiQete and make finding's end recommendetions in connection thecewith; and WHEREAS, eeld' Commisaion, eftec due inspection, investigatlon, and study mede by itself end in its behelf, end efter due consideration of ell evidence and reports offeced at seld hearing, does find end determine the following fects: , Thet the petitioner requests variancedcom the Anehelm Municipal Code: as follawa: a. SECTION 18.44.030(5-a-1) - Minimum number of parkinq sta'ils. (28 required; 22 propo~ed) b. SECTION 18.36.030(1) - Minimum front setback. (15 feet required; 0 feet proposed) (Waiver no longer nece3sary) c. SECTION 18.36.030(3) - Bu?lding setback along an alley. (5 feeL• from the property line required; 0 f.eet from the property line proposed) (Waiver no longer necessary) d. SECTION 18.36.030(2) - Minimum side setback (5 feet required; 0 feet ' proposed) (Wai.v~r no longer necessary) e. SECTION 18.36.010(1) - Permitted usea. (Co!imiercial greenhouse proposed; commerciai greenhouses not permitted) 2. That upon submission of the revised plans, the petitioner wxthdrew his request for Waivers 1-b, 1-c and 1-d, above mentioned. 3. That Waiver 1-a, above mentioned, is hereby granted on the ~asis that the petitioner stat.ed 65% of his business was conducted by telephone and the number of rarking stails would be sufficient for both customars and empl~yees. 4. That Waiver 1-e, above mentioued, is hereby granted on the basi5 that Che proposed greenhouse would be a complemenL-ary use with the existing florist shop. 5. That there are exceptional or extraordinary circumstances or conditions appli:able to the property involved or to the intended use of the property that do not apply generaiJ.y to L•he property or cLass of use in the same vicini~y and zone. 6. That the requested variance is necessary for the preservation and enjoyment ~f a substantial property right possessed by other property in the same vicinit:y and zone, and denied to ti~e properey in question. 7. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone :~~, which the property is located. 8. That two persons appeared. one presenting a petition signed by 26 adjoining property owners. all in opposition to subject petition. -1- in part NOW, THEREFORE, BE IT FE~t7ED thet the Aneheim City Planning Co~ssion does hereby gran{ s•ibject Petition for Varie~ce, upon the following conditions which are hereby found to be e necessary prerequisite to the pro- posed use of the subject property in ordec to p:esecve the safety and generel welfe~e of the Citizens oEfhe City of Anaheim: (1) That the owners of subject property shall deed to the City of Anaheim ten feet of the north-south alley for alley widening purposea. (2) That the owner of subject propertiea shall abandon that portion of the east-west alley abutti.ng the properties in quesl.ion. (3) That s~reet lightinr. facilities along Resh Street shall be installed ss required by the Director of Public Utilitias and in accordance with standard plans and specificati.ons on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory ta the City of Anaheim shall be posted with the City to guarantee the in- stallation of the above mentioned requirements. (4) That trash storage areas shbll be provided in accordance with approved plans on file with the office of the Director of Public Works. (5) That all air conditioning and mechanical equipment shall be properly shielded from view, and the sound buffered from adjacent residences. (6) That any parking area lighting proposed shall be down-lighting of a maximum height of six feet, which lighting shall be di2ected away from the property linea to protect the residential integrity of the area. (7) That subject property shall be served by underground utilities. (8) That the final parking plan shall be approved by the Development Servicea Depart- ment, and any landaceped are~a in the parking area shall be protected with six-inch high concret~e curbs nnd concrete wheel stops shall be provided for parking spaces as required by the Development Services Department prior to issuance oE a building permit. (9) That subject"prop~rty shall be developed substantially in accordance with plane ar.d ~pecifi.cations on file with the City of Pnahein marked Exhibit Nos. 1, 2 and 3, Reviaion ro. 2. (10) T_hat Condition Nos. 1, 2, and 3, above mentioned, shall be complied with prior to the commencement o° the activity authorized under this resolution ar prior to the time that the builditig permit is iasued or within a period of i80 days from date hereof, whichever occurs first or such further time as the Planning Commission may grant. {~1) That Condition Nos. 4, 5, 6, 8 and 9, above mentioned, shall be complied with prior ta final building and zoning inspections. THE FOREGOING RESOLUTION is aigned and npproved by me thie ~th day of July, 1972. / ANAHEIM C1TY ATTEST: l!~ ~~~' SECRETARY ANAHEIR7 CITY PLANNING COMhIISSION STATE OF CALIFORNIA ) '~OUNTY OF ORANGE ) 88• CITY OF ANAHEIM ) I, Ann Krebs, Secretary of !he City Plenning Commission of the City of Aneheim, do hereby certify that the foregoing resolutior. was pessed end edopted et a meeting of the City Plenning Commission of the City cf Anaheim, held on July 10, 1972, at 2:00 o'clock P.M., by the Eollowing vote of the meabers thereof: AY~S: COMMISSIONERS: ALLRED, FARANO, GAUER, HERBST, KAYWOOD, ROWLAND, SEYMOllR, NOES: C~MMISSIONERS: NONE. ABSENT: COMMIS~iONERS~ NONE. IN WITNESS WHEREOF, I have hereunto set my hend this 20th day of July, 1972. RESOLUTION NO. PC72-147 Li~%X/D'~/ / ~2~~ SECRETARY ANA IM CITY PLANNING COMMISSION V2-G '2"