PC 76-36~ ~ ~
RESOLUTION N0. PC76-36
A RESOLUTION OF THE CITY PLANNING COM~4ISSION OF THE CITY OF At~AHEIf4
THA7 PETITION FOR VARIA~JCE N0, 2776 BE DENIED.
WHEREAS, the City Planning Commission of the City nf Anaheim did receive a
verified Petit9on for Variance from ROBERT L. WETZLER. 1533 A. Buena Vista, San
Clement2, Galifornia 92672 (Owner); B. LARRY BROTSCI~, 315 E. Riverdale, Oran.ye,
California 92665 (Agent) of certain real proper:y situated in the City of Anaheim,
County of Orange, State of California, described as:
The East f50.00 feet of the West 242.00 feet of the North 170.00 feet of the
South 200 feet of the South half of the Southwest quarter of the Southwest
auarter of Sec~lon 13, in Township 4 South, Range 11 West, in the Rancho Los
Coyotes, as shown on a map thereof recorded in book 51, page 11, t4iscellaneous
Maps, records of said Orange County; _
EXCEPT that portion thereof described as follows:
8eginning at a point an the IJesterly line of said land, distant Northerly 50.R0
feet from the South line of said Southwest quarter; thence South alony said
Westerly 1ine, 50.OQ feet to the said South 7ine of the Southwest quarter; thence
East along said South line, 20.00 feet; thence North 30.00 feet oarallet with the
;Jesterly line of said Southwest quarter; thence Northwesterly to the point of
be~inning, as granted to the State of California by deed recorded August 23,
1951, in book 2220 pege 426, Official Records, in the Office of the County
Rer,~rder of said Orange County.
WHEREAS, the City P1anning Commission did schedule a publ9c hearing at the
City Hall in the City of Anaheim on February 18, 1976, at 1:30 p.m., notice of said
pu~lic hearing having been duly given as required by 1aw and in accordance with the
pir~visions of the Anaheim t4unicioal Code, Chapter 18.03, to hear and consider
e~oid~nce for and against said proposed variance and to investigate and make findings
an~ recommendatiions in connection therewith; sa9d public hear9ng havin~ been
continued to the Planning Commission meeting of Plarch 1, 197G; and
IJHEREAS, said Commission, after due insoection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reoorts
offered at said hearing, does fin6 and determine the follo~aing facts:
1. That the petitioneu• requests the following waiver from the Anaheim
Municipal Code, to perm9t automotive repair in con~unction with the sale of gasnline:
SECTION 18.II7.022 - Permitted accessor uses. (Ma~or auto repair not
a perm ttec accessory use at a service statioT
2. That the above-mentioned waiver is here~y denied on the basis that the
praposal constitutes two primary uses on a service station site, and would set an
undesirable precedent for future similar requests if said waiver were granted.
3. That there are no exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the prooerty
that do not apply generally to the property or class of use in the same vicinity and
zone.
4. That the requested va~^iance is not necessary for the preservation and
enjnyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the propertv in question.
5. 'fhat the requested variance will be materially detrimental to the
public welfare or in~urious to the property or improvements in such v9cinity and zone
in which the property is located.
6. That na one indicated their presence at said public liearing in
opposition; and no correspondence was received in opaosition ';o sub~ect petition.
EtJVIRONMENTAL It4PACT REPORT FINDING:
hat t e D rector o the Planning Department has det~rmined that the
propused activity falls within the definition of Section 3.01~ Class l~,of the City
RESOLUTION N0. PC76-36
.~ ~ ~
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of Anaheim Guidelines to the Requ9rements for an Environmental Impact Report and is,
th~erefore, categorica~ly exempt from the requirement to file an EIR.
NOW, TNEREfORE, BE IT RESOLIIED that the Anaheim City Planning Corren9ssion
does hereby deny subfect Petition fnr Var~3ance on the basis of the aforementianed
findings,
THE FOREGOIN6 RESOLUTI01~ is signed and approved by me this lst day of
March, 1976.
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ATTEST:
, ~D~~~.'~T~ `~T01T
STATE OF CALIFORt~IA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patric9a B. Scanlan, Secretary of the Ci~y Plann~ng Commission of the
City of Anaheim~ do hereby certify that the foregoing resolution was nassed an~
adopted at a meeting of the City Planning Cortonisslon of the City of Anaheim, hF~d on
htarch 1, 1976~ at 1:30 p.m.~ by the following vote of the members thereof:
AYES: COMMISSidNERS: HERBST, JOHNSON, F10RLEY. FARAhO
NOES: COMMISSIOtJERS: BARt~ES~.KIPaG, TOLAR
ABSENT: COMP4ISSIONERS: NONE
1976.
IN IJITP~ESS WHEREOF, I have hereunto set my hand this lst day of ~4arch,
N , ~ ~
SECRETARY, A~AHEIl~1 CI Y~L~A~'IFJG`y~Cf~'~"iI5l5T{iF~
-2- RESOLUTION N0. PC76-36 •