PC 74-65~, ~- RE5~1'ION N0.
A RESOLUTION OF THB CITY PI,ANNING COMMIS$ION OF THE ~ITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 258~ BE DENIED
WHEREAS, the City Planning Commission of the City of Anaheim did rece~ve a verified Petition for Variance from
RAYMOND SPEHAR, 913 Paloma Place, Fullerton, Caiifornia 92635, Owner, of certain rea'1
Froperty situated in the City of Anaheim, County of Orange, State of Califorr.ie, as
described in ~rhibi.t "A" attached hereto and referred to herein as though seE forth in.
fuli
WHEREAS, the City Planning Commission did hold a public hearing at the City Hail in the City of' Anaheim on
Merci! 18, Y974, at 2:00 o'clock p.m., notice of said public hearing having been duly given us',`equired by law and
in accordance with the provisions of the Maheim Municipal Code, Chapter 18.G8, to hear and consider evidence for anc~ against said
proposed variance and to investigate and make findings and recommendatior~s in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its behalf, and aftes duc
consideration of ali evidence and reports offered at said hearing, does find and determinc the following facts:
1. That the petitioner requests a variance from the Maheim Municipal Code to esteb~ish a carwash end service
~kation:
a, SECTION 18.39.040.A - Fermitted siQninK in the SC Zone (Free-standinR siRn not
permi~ted; free-star.ding eign proposed)
b. S~CTION Y8.40.020 - Permitted uses in the C-1 Zone. (C~rw~sh not permitted;
caraash proposed)
c. SECTION 18,40,020(b) - Permitted usea in the C-I Zone. (Service staCion with•ln
75 feet of reaidential zor.e not permit"_ed; service stetior.
within 75 feet o€ residentiaY zone proposed),
d. SECTTOIv 18,40.070(2)(a) 5e - Minimum structural setback adiacent to residential
zone. (10 feet required; 5 feet proposed)
e. SECTION 18.40.070(2)(a) 6- Mi.nimu~ landscaped setback adiacent to residentiel
zone. (10 feet fully yandscaped required; 3 feet
paved proposed)
f. SECTION 18,59.04T.4 - Permitted uses in the SC zone. (Service stacion integrated
with n ohupping center pezmitted; service station noG
integrated with a shopping center proposed).
g. SECTION 18.59.042(1)(b) - Minimum struc`uraY aetb~ck &aiacen~ ~0 5rteriaT highway,
(50 feet required; I5 fEet prooased).
h. SECTION 18.59.042 11 d- Minimum landacaped setbacic adiacer.t to arteri.~l hiRhway.
(20 feet required; 0 f.eet pr•cpused)
i. SECTION 18.59.042(1)(f) - Minimum screen landscaping adjacent to residentiai zore_
(10 feet required; 0 feet proposed)
2. That Waivers 1-a and 1-f, above-mentioned, are hereby denied on Che basis that
the granting of the waivers would set an undesirable precedenC in the Scenic Corridor (SC)
Overlay Zone.
3. That although a previous variattce was granted to establish a service station ln
close proxim~.ty to subject property, said variance was approved on the basis tl:at the
petitioner was substantiai?y into negotiations £or the property and the Scenic Corridor
(SC) Overlay Zone Ordinance was not yet effective,
4. That Waivers 1-b, 1-c, and 1-g, above-mentioned, are herebydenied on the basis
that the petitioner did not demonstr&te thaC a hardship woul.d be created if said waivers
were not granCed.
~•~_~ -1_ RESOLUTION N0. PCi4-65
' . . .. ~ ~ ~ cc a~
Forn 7355 ' ~~
CLTA Guarontea .~~~~ ~~~~
Porm No. 12
SCHEDULE A • ~
LQT BOOK GUARANTEE ORDER NO. OR 1316140M
i he assurances referred to on the face page are:
'. That, according to the Company s properzy records relative to the following deuribed real property (but without
' : examination of 4hosc Company records maintained and indexed by namel:
• 1. S~E EXHIB3T A" attacned and made a part hereof, for legal description.
. , ~
' A. The last recorded instrument purporting to transfer title io said real property is:
~ 2. RAYMOND G. SPEHAR and ESTELLE K SPEHAR, Tzustees under Declaration of Trust dated
~ April 2, 1968, by Raymond G. Spehar and ~stell'e K. SPEHAR, as to an undivided 75 percer.
, interest, and MARCIA A.'VN HALLIGAN, a married woman as to an undivided 25 percenC
~ in2erest. •
B.' There are no mortgages or deeds of trust which purport to affect said real property, other than
those shown below under Exceptions.
No guarantee is made regarding any liens, claims of lien, defecu or encumbronces other than those specifically provided
for above, and, if information was requested by reference to a street address, no guarantee is made that said real property
is the same as said address. •
Exceptions:
' NONE. :. . , ~~`~?~37.d~~s~,p
~ ~ ~ •'~AN l9jq J;b
. ~ ~RE~CE~~~ ,B
~ ' IOh1,VQ .~
. ~ °i~'~~oN til
~
'~i2~«OL68L_gip/
`'i~r,1Af~~CE ~ND. ~~~ o
----_____
. ~ ~
"EXHIBIT A"
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~A11 that certa.in land situated in the State of California, County of -
Or~ange~ City o? Ana~eim, described as £ollows:
That portion of the land q~lotted to Kalisher and Z•iartenburg ia i:he
Final Decree o,"; Partition of the Rancho Sautia~ye de Santa Ana~ which
was :~ntere3 Septenber 12, 1868 in Eook "B", pa3e 410 of Jud~ents of
the 17th Judicia.l. District in aad for Lo~ Angeles Cownty~ Californis,
described as follows:
geginning at the northeasterly corner of the land desczibed in deed
to the State of Caliiornia-recorded Octobe,r 30, 1y56 in ~bok 3693,
pa.ge 37~ of O~ficial Records of Oranbe County, California; thence
ulong the Ea,sterly and Southerly lines of said land the following
courses: South 05° 37' 27" West 322•42 feet and T~orth 88° 37' 00"
Zdest 15.00 fe~~ to t'ac Easterly line of the lana Qd.°.~:1CCC2 in daed to
the State o~ Cali3ornia recorded October 14, 1952 in Book 2397~
page 522 oS said Official Records; thence along said las~ mentioned
Easterly line South O1° 23' 00" 4Test ~+20.00 feet to the True Point of
geginninb; thence South 88° 37' OC" East 247.61 ieet; thence
South Ol° 23' CO° 1•'est 171.8~ feet te a_noo -^. tk:°''rOTL'heTly line'of tbe land
described in deed to i:he City of Anaheim recorded ;•:ay 19, 1970 in
sook 9293, Page 261 of sa.id Official RecorcL, said 1ui~herly line
being a curve ecncave £outherly having a radius of 14~5•~0 feet, a
rad.3a7. li.ne o~ said curve pascing through said poi,~t uears
North 13' ~+3' 07" East; thence Flesterly alor~ said ?'.ort~crly line
and along said curve throu ;h a central ar~;le of 09 ° 5~*' 1~+° a~ are
distance o£ 2j0.00 fect to sai~. las; mentioned casterly line of the
land of the State af California; thence alon~; said last rention2d
Easterly line i7orth Ol° 23' 00" East i3g.7o feet to the True Point
of Be6innin6.
.. _..,,.. ,., - . _.,. ., ... _ .: ... .. ..... ,..:.. _...,..,..
JAN 1974 ~'
~4~'FiYlED ~
770td1!+a ~
oaaisior+ ~;
':r~.li1CE NIJ. r` ~"O
as~~
• M. 5. That Waivers~d, 1-e, 1-h, and I-i, above-men~ ned, ~ere withdrawn by the '
petitioner.
6. Tnat there are no exceptional or extraordinary circumsta~ces or conditions
appl?.c~ble to the property involved o:• to the intended use of tht property that do not apply
~~ne^ally to the ~roperty or class o1 use in the same vicinity and xoue.
7. That th:>. reauested varience is not necessary for the preservation and enjoyment
of a substant~al property right p~ssessed by other property in the same vicinity and zone,
and denied ro the property in q~:estion.
8. That the requested ~variance will be materially detrimental to r_he public welfare
or injurious to the property or improvements in such vicinity and zone in which the property
is locr,ted. .
ENVZRONMENTAL IPiPACT RE?ORT FI.IDING:
T~hat the Planning Commission recommends that the City Council certify to having reviewed
and considered the information contained in Environmental ImPact Report No. 118 and that
the EinaY EIR has been cosapleted in cumpliance with the California Environmental Quality
3ct :~nd the Sta~e Guidelines.
NOW, THEREFURE, BE IT kESOLVED that thc Maheim City Planning Commission docs hereby deny :u6jcct Petition Por
Variance on the basis of the aforcmentioned finds.
THE FORECOING RESOLUfION is signed and approved by me this 18th day of March, 1974
_~~.~~e l~r
CHAIRhyAN ANAHEIM CITY PLANNINC COMMISSION
,~T'I'EST:
~~~~~
Si:CRF,TARY ANAHEIM C:TY PLANNING COMMISSION
S1'ATE OF CALi FORNIA )
COUNTY OF OTtANGE ) ss.
CITY OF ANAHEIM ~
E, Petricia B. ScanYan, Secretary of the ~ity Planning Commission of the City of Anaheim, do hercby ccrtify that thc
foregoing resolution was passed and adopted at a meeting ot the City Planning Commission oC the City of Anaheim, licld on
March 18, 1974, at 2:00 o'clock p.m.~ by the followingvote of the members thercuf:
AYES: COMMISSIONERS: COMPTON, F4R4N0, HERSST, :JOHNSON, KING, MORLEY, GAUER
NOES: COMMISSIQNERS: NONE
ABSENT: COMMISSIONERS: NONE '
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of March, 1974.
~~-.~.~~. ~.~..~
SECRETARY ANAHEI~4 CITY PLANNING COMMISSION
V2-D - 2- RESOLUTION N0. PC74-65