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PC 74-82_ ... ~ ~ . - RESOLUTION N0. 74"82 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE C1TY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2586 BE GRANTED IN PART WHEREAS, lhe City Planning Commission of the City of Maheim did receive a verified Petition for Variance from MRS. VALBOUR E. RI:NNER, 729 North Clementine Street, Anaheim, California 92805, Owner; and EARL V, NELLESEN, The Earl's Plumbing, Inc., 1533 West Lincoln Avenue, Anareim, California 47.805, Agent, of certain real property situated in the City of Anaheim, County of Orange, State of Californie, described as follows: Beginr.ing ac a point in the South lin~~ of said Section 9, said point being North 89° 16` 54" East 606.95 feet from the Southwest corner of said Southeast quarter of the Southwest quorter of said Section 9, also being the intersection of the centerline of Lincoln Avenue and Loara Street; thence along said Southerly line of Section 9, SouCh 89° 16~ 54" West 150 feet; thence parallel with said centerline of Loara Street and West line of said Southeast quareer of Southwe~t quarter, North 0° 43' 06" West 280.49 feet to the Soucherly right-of-way of Manchester Avenue per deed recorded in book 724, page 350 of Official Records of said County; eaid right-of-way line being a curve concave Southerly and having a radius of 960 feet, a radial to said point bearing South 17° 38~ 20" West; thence EasCerly along said curved right-of-waje line through a central angle of 9° 45~ 16" and an arc lengch of 163.44 feet to point in a line bearing North 0° 43~ 06" West from the point of beginn~ng^ thence along eaid line Soutli 0° 43' 06" East 216.09 feet to the point of beginning. WHF,REAS, the City Planning Commission did hold a public hearing at the City Hall in the City oC Anaheim on April 15, 1974, at 2:00 o'clock p.m., notice of said public hearing hnving been duly given as required by law and in accordance with the'pro~isions of the Maheim Municipal Code, Chapter 18.68, to hear and consider evidence for and against said proposed var•nce and to investigaie and make findin6s and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation, and study made by itseif a~~d in its behalf, and ~fter duc consideration of all evide~ce and reports offered at said hcaring, does find and determine the following facts: 1. That the petittoner requests a variance from the Maheim Municipal Codc to continue use of an existing free-standing sign projecting into l•he public right-of-way and establish three additi.onaT free-standing aigns:v:ith waivers of: a. SECTION 18.62.090(II)(1) - Maximura number of free-standinK siRns (One sign permit~ted; fo,nr signs proposed) b. SECTION 18.62.090{B)(1) - Minimum distance between fxee-standing si~ns (300 feet required; 52 feet propooed) c. SECTION 18.62.090(B)(2)~ - Minimum hei.ght of free-etanding sign (8 feet required; 3 feeC proposed) d. SECTION 18.62.090(B)(5~ - Locatidn of free-standinq si~n (sign projecting inCO public right-of-way not permitted; sign projecting into public right-of-wsy proposed) e. SECTION 18.62.090(B)(5) - Loce~ion of free-standin~ sign (middle 20% of property required; middle 20% of property ro: proposed) 2, ThaC Weiver 1-a,above-mentioned, ia hereby granted in part since the petitioner atipulaied to deleting one aign immediaCely which ia located on the Manchester Avenue froniage, and further stipulated thaC the. existing identification sign for the boutique shop entrance on the Lincoln Avenue frontage would be deleted within ninety (90) days since that portion of ttr_aperation was being meved to another location. 3. ThaC WAiver 1-b, above-mentioned, ~s heIIeby granted since the petitioner stipuiet- ed Yo deleting two of the signs ao aet forth in Finding No. 2 above, and on the basis c.ha~ tltie re~ur.st ia minimal. 4. That W~iver 1-c, above-mentioned, is hereby granted for a period of ninety (90j days since the petitioner stipulated that the boutique shop would be moved to another location within said period of time, thus eliminating the need for the aign. 5. That Waiver 1-d, above-mentioned, is hereby granted oit the basis thet ~he si~r~ on the Lincoln Avenue frontage hae been in existence for a long period of time and, furthEr., that approval is granted subject to approvel of Encroachment Permit No, 73-19E. 8'. That Waiver 1-e, above-mentioned, is hereby granted on the basis that the sign on the Manchester Avenue frontage has been in existence for a long period af time. V-1G -1- RESOLUTION N0. PC74-82 ~ ~ 7, Thet eh~x~e are excPp~ional or extraordinary circumstances or conditlans applice< hle to khe pro~erty~i.r~voived or ~o Gl~e iritended use of the property that do not apply generally to the property or class ef us~; in khe name vicinity and zone. 8. That the requested variaace i~s neceseary for the preservation and enjoy~ent of a eubstanTial properf.;• right possesrtefl by other property in the same vicinity and zone, and denied to Che property in qsestion, 9, Taat the requeated variance ~fll not be mateiJ.ally detrimental Co the public welfare or inj,crioua so the propeXty or improvesaen~s in such virinity anZ zone in which the property is loeated, ENVIRONMENfAL ~MPACT REPORT FIR~DING: That the Planning Co~niseton rec~mmends to the City Council that the subject project be exe~pt ftom the requirement to prepare an Environmental Impact Report pursuant to the provisi-~ns of the California Environmental Quality Act. , Tit~.REF;^i;r., BE IT RESOLVED that kiie Anaheim City Planning Commission does he.reD~ grant/a~u~bj+ect Pe~i.`.'.on for Varianne, upon the following conditions which are hereby found to be a necessary @d;~zequisit2 ~'~ C`~e,proposed csa~. ~f the subject pr~nerty in order tc preses+re the safg~3 an3 geaeral welfate of ~ha Citfzens o£ the City ~f Anaheim: 1. xhat; tF~-is w;r,zisnc? i'r~ grantad su'-j,9~;;'~ to app~~val o: Fhcroachment Permit Ivar~ber 7~~n~~. 2, ^pr.~~ s~~b;~.ect pmperty she~'a \~e develaked substantially in accordance with plans aad spec~4i~ations ott ~ile with thP City :~f Ataahet~ marked Exhibit Nos. 1 and 2; provided, however, tha,`t one r.+i~^. '_~^_:ced along the fRa;~cfieotEe ~.lvenue frontege sfiall be deleted ic~m~ediatel!% nru. chat the boutique at<<p, ~~,^*=.q~~-e. eign on the Lincoln Avenue frontage shall be removed Hit1~In ninety (90) days, As at.F.pul&Ced to by the petiti~ner. THE FOREGOING RESOLUTI~N +.s ;ciy;n~2 and Epproved by me this 15th day of April, 1974. CHAIRMAN ANAHEIM CIT~ NG COMMISSI ~-~ ATTEST: ~~r~~~ ~~ SECRETARY ANAHEIM CITY PLANNTNG COMMISSION STATE OF CAT.IFORNIA ) COUNTY OF ORANGE ) se ~, ~t CITY OF ANAHEIM ) `'~ I, Patricia S. Scanlan, Secretary of the City Planning Commission of the City o£ Anaheim, d~ hereby certify thet the foregoing resolution was paesed and adopted at a meeting of the City Planning Commission ~f the City of Anaheim, held on April 15, 1974, at 2;00 o°clock p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: COMPTON, FARANO, HERBST, JOHNSON, KING, GAUER NOES: COMMISSIONERS: NONE ABSENT: COMMISSTONERS: MORLEY IN WITNESS WHEREOF, I havc~ hereunto aeL• my hand this 15th day of Apxil, 1974. /P~/f ~ i ' i ,~eJ I~Jl'~1r~A~ __. SECRETARY ANAHEIM CITY PI.ANNING COMMISSION V2-G -2- RESOLUTION N0, PC74-b2