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PC 74-113r ~ ~ RESOLUTION 210 PC74-113 A RES6LUTION OF THE CITY PLANNING CO:NMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE NO. Z604 BE GRANTED IN PART ~VHEREAS, the City Planning Commission of the City of Aneheim did receive a verified Petition for Variance from MA7i F. HILTSHER, P.O. Box 156, Umpqua, Oregon 97486, Owner; and FLORENCE VALVANO, 1134 North State College Boulevard, Anaheim, California 92806, Agent, of certain real property situeted in the City of Anaheim, County of Orange, State of California, ' described as Lot No. 1 of Tract No. 3370, as per mep recorded in book 144, pagea 7 and 8, of Diiscellaneous Maps, in the office of the county recorder of said county~ ; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City o[ Aneheim on Mey 29, 1974, at 2:00 o'clock P.M., notice of seid public henr.rg he~:ng been duly gEven as required by law end in acrnrdence with the provisions of the Meheim Municipe: Code, Chepter 18.68, to hear and consider evi- dence for end against said proposed veriance and to investigete and meke findings and recommendetions in connection therewith; and WFiEREAS, seid Commission, nfter due inspectlon, investigation, nnd study made by itself and in its behalf, and after due consideretion of ell evidence end reports ofEered at suid hearing, dues find and detennIne lhe tollowing fecfs: 1. Thet the petitioner requests a veriance from the Aneheim Municipel Code to continue a retail market with outdoor display: (a) SECTION 18.40.020. - Resuirement that all C-1 usea ahall be conducted wholly within a buildinR. (Outdoor display pruposed) (b) SECTION Y8.62.090 r Permitted siRns. (6 si.gns mounted on a chainlink fence proposed) • 2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that the petitioner atipulated the outdoor diaplay would be confined inside Che exiating chainlink fence, nnd on the basis that the existing chainlink fence remains in ite preaent location. 3, That Waiver 1-b, above-mentioned, is hereby denied on the basis tliat the existing petmitted signs were detennined to be sufficient for the udvertisement purposes uf the subject market. ~r That there ere exceptional or extraordinary circumstances ~r conditions epplicable to the property involved or to the intended use oE the property Ntat do not apply generelly to the property or class of use in the seme vicinity und zone. $ That the requested verinnce is necessary (or the preservation and enjoyment of e substantial property right possessed by other property in the same vicinity end zone, and denied to the property in question. 6 Thet the reyuested variance will not be meterielly detrimentel to the public welfere or injurious to the prop- erty or improvement~ in such vicinity and wne in which the property is loceted. ENVIRONMENTAL IMPACT REPORT FIAIDING: That the Director o= Development Services has determined that the proposed activity falls wiChin dze definition of Section 3.01, Class 3 of tne City of Anaheim Guidelines to the Requirements fur an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR.. _1. DEV-66-C RESOLUTION N0. PC74-113 r ~ ~ NOW, THEREFORE, BE IT RESOLVED that thc Anaheim Cily Planning Commission does hereby grant subject Petitian for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the pro- posed use of the subject property in order to preserve :l~e safety and generel welfere of the Citizens of the City of Anaheim: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos, 1 and 2. 2. That the outdoor display of goods shall be confined inside the existing chainlink fence, ae stipulated to by the petitioner; and that this variance is granted subject to L•he existing chainlink fence remaining in its Fresent location. THE FOREGOING RESOLUTION is aigned end epproved by me this 29th day of May 1974. ~~~~1,My~Ai!~ ~ _ LL-~r~Vtl~ CHAIRMAN ANAHEIM CITY PLANNING COMMISSiON ~ ATTEST: ~~~J,r~ ,~,,.~/ SECRETARY ANAHEIM CITY PLANNIAiG COhSMISSION STATE OF CALIFORNIA ~ COUNTY OF ()RA1~~;l~ ) s$• c~,ITY OF AN~~ J jC, Pml•fLciA B:. y~-6R1Bn.,5eu~eLaFy ol fbe C;?~y ~l:unntng Commission oE the City of Anaheim, do hereby certify that ChE IOkaiaoing rm~aluii~dlfl Was pa's"s~!,^~d ead ada5p~.s~ m4. 2ti ~mecGag of the City Plnnning Commission oE the Ciry of Aneheim, held on May 2~~~ 11974, d! ~OO~o'eliYck P,I~?;. by the [ollowing vote of the members thereoE: ?~~~.v: CoM~fISSIQOrrERS: 6.~MpTON, PARANO, HERBST, KING, MORLEY, GAUER Nol~~: s~fl~IMf~~iox'~'~3. ~orr~ Aes~N,~^; efl~ii~~~lp3~e~: .roHCVSOH IN W!"7'NESS w~{~~r9F, i havc•~ereunto eet my hend thls 29th day of May 1974. ~ , ~ SECRETARY ANAHEIM CITY PLANNING COMMISSION V2-G -2- RESOLUTION N0. PC74-113