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PC 76-57~ ~ ~ RESOLUTION N0. PC76-57 A RESOLUT I ON OF THE C I TY PLAtJP71 P!G C014M I SS I ON OF THE C ITY OF ANAHE I!4 THAT PETITION FOR VAR~APlC[ N0. 2791 BE DEWIED. WHEREAS, the C;ty Plannin9 Commission of the City of Anaheim did receive a verified Petition for Variance from LOWELL W. HAUCK, 9252 Imperial Avenue, Carden Grove, California 92644 (Owner) of certain real property situated in the City of Anaheim, County ~f Orange, State of California descrihed as: Lot 3~+ of Tract No. 2537, as shown on a Map recorded in book 75, Pages 3~ and 3° of Miscellaneous t4aps, records of Orange County, California. WHEREAS, the C1ty Planniiig Commission did hold a public hearing at the City Hall i~ the City of Anaheim on March 29, 1975, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHF.REAS, 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 fa~ts: 1. That the petitioner requests the following waivers from the Anaheim Municipal Code, to establish a commercial off'Ice: a. SECTIOM 13.~F4.o63.~10 - Hinimum buildin setback. (10 feet required; (~0 fee~feet existing) b. SELTION 1'.4~~.063.~4~ - Minimum side ard setback. (10 feet required; none proposed c. SECTIOP! 10.44.06~F.012 - Reeuired tree screen. (Screening not proposed d. SECTION 18,44.068 - Required masonry wall. (6-foot high masonry w.all required; wood fencing propo<_ed) 2. That the above-mentloned waivers are hereby denied on the basis that the Anaheim City Planning Commission is recommending disapproval of the requested commercfal zoning. 3. That there are no exceptlonal or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is ~ot 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. 5. That the requested variance will be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That two (2) persons appeared, representing five (5) persons present at said public hearin~ in opposition; and no correspondence was received in opposition to subject petition. ENVlRONMENTAL IMPACT REPORT PINDING: That the Directoi• of the Pianning Department has determined that the proposed activity falls within the definition of Section 3.01, Class 1, di the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically e>cempt from the requirement to file an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subJect Petition for Variance on the basis of the aforementtoned findings. RESOLUTION N0. PC76-57 ~ ~ THE FOREGOING RESOLUT{OPI is signed and approved by me this 29th day of March, 1976. ~ _ CHAIRMA ~ ANAHEIM CITY PLANNINf COMMISSIQN ATTEST: V G%'TLriGGE~i~~ ~~--v~/ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF ANAHEIM ) I, Pairicia 3. Scanlan, Secretary of the City Planning Commission of ths City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commisston of the City of Anaheim, held on March 29, 197b, at 1:30 p.m., by the following vote of the members thRreof: AYES: COMMISSIONERS: BARNES, HERBST, JOHNSON, KING, TOLAR, FARANO NOES: COMMISSlONERS: MORLEY ABSENT: . COMMISSIONERS: NONE 1976. IN WITNESS WHEREOF, I'have hereunto set my hand this 29th day of March, ~u;~-a~,~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION ..2_ RESOLUTION N0. PC76-57