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PC 74-170, , RESOLU'~INO. PC74-170 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2626 gE . GRANTED WHEREAS, the City Planning Commission uf the City of Malieim did receive a verified Petition fbr Variance from DR, GEORGE 0. KIRKELIE, 937 North Lemo~ Street, Anaheim, California g2805 (Owner) of certain real property situated in the City of Anaheim, County of Orange, State of Califo:nla described as Lot Nos. 31 and 32 of Tract No. 255 as recorded in Book 14, Page 25 of hiiscellaneous Maps in the office of the Orange County Recarder; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Annheim on August 5, 1974, at 2:00 o'clock p.r.~.; :~otice of said public hearing having been duly ~iven as required t+y law and in accordance with the provisions of the Anaheim Municipal Code, Chxpter 18.G8, to hear and consider evidence for and against said proposed v~riance and to investigate and make Gnangs and recommendations in connection lherewith; and WHEREAS, said Commission, aftcr due inspection, investigation, and study madc by itselC and in its behalf, and after due consideration of all evidence and reports offered at sai~i hearing, docs find and determine the following fncts: 1. Thatthepetitionerrcquests the following variances from the Artaheim Municipal Code, to construc:t a commercial office building: a. SECTION 18.38.OSd~1)(A) - Mintmum site area, (20,000 square feet required; 16,000 square feet proposed) b. SECTION 18.38.050(2)(E) - Minimum setback area landscapinq, (10 feet required; feet proposed) c. SECTION 18.38.050(6) - Required masonry wall adjacent to a residential `zone. (6-foot hiah masons•Y wail required; none proposed) d. SECFION i8.62.080(S) - Permitted siqning. (Free-standing sign not permitted in the C-0 Zone) 2. That Waiver 1-a, above-mentiored, is hereby granted on the basis that the petitioner indicated attem~ts to assembte ad]oini~g land had failed and, therefore, a hardship would be r,reated if said waiver was not grar~ted. 3. That Waiver 1-b, above-mentioned, 3s he~eby granted fur the east and west property iines, as requeste~i; and, additionally, that waiver of 'the mi~imum setback area landscapi~g to permit a five (5) foot landsca~ed setback~ralong'the north property line is also granted, on the basis that the petitioner stlp~3ated to moving the proposed building to fifteen (15) feet from the street to aii,gn it with adjaceei't commercial bufld- ings to the west. 4. That Waiver 1-c, above-mentioned, is hereby granted on the 6asis that the adjacent property, although zoned residentially, is developed wit.h an oil company facility. 5, That Waiver 1-d, above-mentioned, is 'nereby granted on the basis that similar signs have been previously approved in the area. V1-D _1_ RESOLUTION N0. PC74-170 DEV-bG•£ . ~ ~ ~ 6, That there •~re exceptional or extraordinary circumstances or co~diYians a~pl?cable to the property involved or to the int~nded use of the property that do not ap,r.ly generally to the property or class uf use in the same vicinity an~ zone. 7. That the requested variance is necessary for the preservation and enJoq~ent of a<_ubstantial property right possessed by other property in the same vicinity and zor,e, ard denied to the property in question. 8. Tna: the requested variance wi''. not be materially detrimental to the pubtlis weiTare or ~njurious to the property or improvements In such vicinity and zone in which ~he ~roperty is located. 9, That one (1) person appeared at said public hearing in opposition and no correspondence was received in opposition to subJect petition. ENVIRONMENiAL IMPACT REPORT FINDI~G: That the Plar,~ing CoTM~ission recom~ends to the City Council that the subject eroject be exempt from the requiremert to pr•epare an Environmentai Impact Report pursuant to tnz ~rovisiozs of the California Envtronmental Quality Act, NOW, THEkEFORE, BE IT RESOLVED th~t the Anaheim City Planning Commission does he:e~y yrant subject Peti~ion for Varianc~ upon the following conditions which are hereby `ound to be a necessary prerequisite to the proposed use of the su~jeci property ir: order *_o preserve the safety and generaf weifare of the Citizens of the City of Anafieim: i, That thts variance is granted subject to the completion of Rec'iassifieaCion No. 74-75-5. 2. That subJect property ~hali be developed substantially in accordance with ~ians and specifications or fiie with the City of Anaheim marked Exhibit Nos. 1, 2 and 3; provided, however, that the proposed bu!lding shall be set back to fifteen (15) feet -"rom the south property line, resulting tn a fi~~e (5) foot landscaped setback along the north property linc, as stipuiated to by ehe petitioner. THE FOREGOING RESOLUTION is signed and approved by me this 5th day of August, I974. ~ '~~~ ~/ ; -~'C~FAIRMAN A. M CITY FLANNING COMMISSION ATTEST; ~~a~~J~. ~ rz~2.e-~.:J SECRETARY ANAHEIM CITY PLANNI.NG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORAtrGE ) ss. CITY OF ANAHEIM ) I, Patricia B, Scanian, 5ecretary of the City Planni;,g Commission of the City of Anaheim, do hereby certify that the fo~egoing rasolution was ~assed ar.d adopted at a meeting of the City Planr.ing Commission of the City of Anahei;n held on August 5. 1974, at 2:00 o'clock p.m., by the following vote oF the r~embers thereof: AYES: COMMISSrONERS; FARANO, GAUER, JOHNSON, KlNG, MORLEY, TOLAR, HERBST NOES; COMMI5SI~NERS: NONE ABSENT: COMM15510NERS: NONE iN WITNESS WHEREOF, I have hereunto set my hand this 5th day of August, 1974. ~tJc.lrc.~d-.J~~%C! ct~ ~CL.cc/ SECRETARY ANAHEIM CITY PLANNING COMM1SSfON -p- RESOLUTION N0. PC74-170