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PC 74-187' ~ ~ ' RL•SOLUTION NO. PC74-187 A RESOLUT[ON OF THE CITY PLANN[NG COMMISSION OF THE CITY OF ANAHEfM THAT PETITION FOR VARIANCE NO. 2631 BE DENIED WHEREAS, the City Planning Commission of tlie City of Anaheim did receive a verified Petition for Variance from OB I E T. MOORE, 14371 Acacia Drive, Tustin, California 92680 (Owner)• ARNOLD BERNSTEIN, 300 South Harbor Boulevard, Anaheim, California 92805 and ANN T. MADISON, 600 South Harbor Boulevard, Anaheim, California 92805 (Agents) of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Lots 17, 18 and 19 of Vineyard Lot "E5, in the City of Anaheim, as shown on a map of the Langenberger Tract, recc~ded in Book l, Pages 550 and 551 of Miscellaneous Records of Los Angeles.County, California; and WH~REAS, the City Planning Commission did hold a public hearing at Ute City Hall in the City of Anaheim on Septembe r 4, 1974, at 2:00 c'clock p.m., notice of said public hearing having been duly ~ivcn as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.68,to hear and consider evidencefor and againstsaid proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due insper,tion, investigation, and study made b~~ itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: I. That the petitioner requests the fol 1 owi ng' var i ance f rom the Anahe i m Mun i c i pa 1 Code, to establish a law schoo'I in an existing building: SECTION 18.44.030(5)~a)(1) - t4inimum number of parkina spaces. (75 spaces required; 34 spaces provided) 2. That the above-mentioned waiver is hereby denied on the basis that the petitioner did not demonstrate that a hardship would be created if said waiver was not granted, since parking spaces are available in municipal parki~9 lots for a rental fee and said parking spaces have already been approved by the City Council for rental for tfie proposed use, 3. That the petitioner stipulated that the hours of operation would be from 7:00 p.m. to 10:00 p.m. Monday Yhrough F~'i'day, and from 9:00 a.m, to 5:00 p.m. on Saturday. 4. That the petitioner stipulated there would be no library fadilities provided at the subject locatian. 5. That there are no exceptional or extraordinary circumstances or conditions appli- cable to the property involved or to the intended use of the proFerty Chat do not apply generally to tFie property or class of use in the same vicinity and zone. 6. That the requested variance is not necessary for the preservation and enjoyment of a substantieil property right possessed by other property in the same vicinity and zone, and denied to t:he property in question. 7, That the requested variance will be materially detrimental to the public welfar~ or i~jurious to the property ~or improvements in such vicinity and zons in which the property is located. S. 1'hat five (5) persons appeared at said public hearing, one (1) of whom spoke in oppositiun to subject petition and the remainder being generally in favor af the proposal; and that no correspondence was received in favor of or in opposition to subject petition. ENVIRONMENTAL IIMPACT REPORT FINDING: That the Direct:or of Development Services has determined that the preposed activity falls within the defiinition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the Requirements for an Environrrental Impact Report and is, therefore, categorically exempt from the requiremenl:-.to file an EIR. VI-D _1_ RESOLUTION N0. PC74-187 DEV-66•E ,. __._.._._..._... _...~. _. . ... . ------.~ .~ ..._ __ _ ..------ - NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hcreby deny subject Petition for !'ariance on thc basis of tlie aforementioned finds. THE FORF.GOINC RESOLLTTlON is signed and approved by me this 4th day of Septembe r, 1974. CH RN1AN ANAHEI LANNING C MMISSION ATTEST: ~~~~~/~ ~ ~'if~e~J SECRETARY ANAHEIM CITY PLANNING COMMISSION SfATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I;~' P a t ~ i c i a B.~ S e~c~ 1 a n, ~cretar; of the City Planning Commission of the City of Maheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, hcld on ~tp:bembeY, 4, '1974, at 2:00 o'clock p.m., by the followingvote of U~e members thereof: AYES: COMMISSIONERS: PAMNO, GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NOME LN WITNESS WHEREOF, I have hereunto set my hand this 4th day of 5eptemter, 1974. ~~~~ SECRETARY ANAHEIM C1TY PLANNING COMMISSION V2-D -2 RESOLUTION N0. PC74-187