PC 75-200~
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R[SOLUTION ~~0. PC75-20~
A RESOLUTIOId OF TFIE LITY PLAt4hJl~lf, COMM(SSIOF! OF THE CITY OF AtlAl1EIM
THAT PETITION FOR VARIA~JCE N0. 2737 BE DEtJ1ED.
W~~EREAS, the City Pl~nning Commission of the City of Anaheim did re~eive a
verified Petition for Variance from MAFTtIA BIRCIIER, 311 North Bircher, Anaheim,
California 92°~1 (Owner); MICIiAEL J. CAPITO, 13212 Magnolia, 6-2, Garden Grove,
Califor~ia g2644 (Agent) of certain real property situated in the City of Anaheim,
County of Oranqe, State of California described as:
PARCEL 1: The west 141 feet of the North 70 feet of the South 1232 feet of the
Southv~est quarter of the S~uthwest quarter of Section 8, Township 4 South, Range 10
West, San Dernardino Base and Meridian, County of Oran9e, State of California; and
WIIEREAS, the City Planning Commission did hold a public hearing at the City
Ilall in the City of Anaheim on September 29, 1975, at 1:30 p.m., notice of said
public hearin9 hav(ng been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter iSi.O;, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by 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:
1. That the petitioner requests the following waivers from the Anaheim
1lunicipal Code, to establish retail sales in a converted residence:
(a) SECTION 1~.Q6.OF0.~22 - Minimum number of parking spaces.
. IQ spaces required; ~ spaces proposed)
'(b) SECTIQP! 1$.44.035.010 - Permitted uses. (Retail sales not permitted
in a residence converted to commercial use)
2. Th~t Waiver 1-b, above-mentioned, is hereby denied on the basis that the
petitioner indicated that no structural changes were prcposed to the existing
building which would more properly and professionally identify said building as a
commercial structure.
3, That Waiver 1-a, above-mentioned, is hereby denied on the basis that
said ~•~aiver would be unnecessary, since Waiver 1-b permitting the use is denied,
4. That the Planning Commission indicated that the existing residences in
the arua which have been converted to commercial uses were converted prior to
annex'etion to the City of Anaheim and, as such, are presently nonconforming uses and
the fommission is not desirous of perpetuating such conversions in the subject area.
y, That there are no excepCional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use ~f the property
that do not apply generally to the ~roperty or class of use in the same vlcinity and
zone.
6. That the requested variance is not necessary for the. preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
7. That the requested variance will be materially detrimental to the public
welfare or injurious to the property or imprcvements in such vicinity and zone in
which the proper.ty is located.
8. That nc one indicated their presence at said public hearing in
opposition; and no correspondence was received in opposition to subject petition.
E11V I ROPIIIENTAL I MPACT REPORT F I tdDl NG:
That the Dir~ector of the Planning Cepartment has determined that the
proposed activity fnlls within the definition of Section 3.01, Class 1, of the City
of Anahetm Guideliries to the Requtrements for an Environmental Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR.
RESOLUTION N0. PC75-200
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NOW, THEREFORE. BE !T RESOLVED that the Anaheim City P!anning Commission
does hereby deny subject Petitior for Variance on the basis of the aforementioned
findings.
THE FOREGOIt~G RESOLUTIOPI is signed and approved by me this 24th day of
September, 1975• ,
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CHAIRMAW, ANAHEIN CITY PLANN Rlf COMMISSION
ATTEST:
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SF.CRETARY, AN~HE I M C I TY F'I_AtIPl I NG COMMI SS I Qtd
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AHAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commissio~ of the City of
Anaheim, do hereby certify that the foregofng resolution was passed and adopted at a
meeting of the City Planning Commission of the City of Anaheim, held on September 29,
1975, at 1:3~ p.m., by the following vote of the members thereof:
AYES: COMM(SSIONERS: BARNES, HFRBST, JOHNSON, KING, FARAIJO
NOES: CQM1115SIONERS: NONE
ABSEtIT: COMMISSIONERS: MORLEY, TOLAR
IP! WITtJESS WHEREOF, I have hereunto set my hand this 2?th day of September, 1975.
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-2- RESOLUTiON N0. PC75-200