PC 76-59/ ~ ~
RESOLU?'104 N0. PC~5=~9
A RESOLUTiON ~F 7HE CITY PLANt~ING COMMISSION OF THE CIT~ OF ANAHEIM
THAT PETITION F~R VARIANCE N0. 2789 BE GRANTED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from WILLIAM P. VISSER, 701 W. ' Lincoln Avenue,
Anaheim, California 92805 (Owner) of certain real property situated in the City of
Anaheim, County ef Orange, State oF Galifornia described as:
LOT NOS, 9 AND 10 OF THE RESH SUBDIVISION, IN THE•CITY OF ANAHEIM, COUNTY OF
ORANGE, STATF. OF CALIFORtdlA, AS SHOWN IN BOOK 3 PAGES 109 AND 110, M.R.L.A.
WHEREAS, the City Planning Commission dtd hold a public hearing at the City
Hall in the City.of Anaheim on March 29, 1976, at 1:30 p.m., notice of said public
hearing having been duly given as required by laa~ and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
%.vidence for and against said pr•oposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after di::~ inspection, inuesti9ation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said tiearing, does find and determine t~he following facts:
1. That the petitioner requests the following waivers from the Anaheim
Municipal Code, to expand an existing greenhouse:
a. SECTION 1£i.0E.060.022 - Mintmum nur~ber of parking spaces. (8-~ spaces
required; 57 spaces proposed)
b. SECTION 18.45•~2~ - Permitted uses. (greenhouses not
permitted in CG Zone)
c. SECTION 18.45.063•O10 - Encroachments into ri ht-of-wa rohibit<.~~.
-foot encroachment proposed
2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that
the proposed number of parking spaces is determined to be appropriate for the
proposed expansion of an existing oPeration.
3. That Waiver 1-b, above-me~tioned, is hereby granted on the basis that
the proposal is an expansion of an existing use, ~ahich has not been detrimental to
the area.
4, That Waiver 1-c, above-mentioned, is hereby granted on the basis that
the encroachment of a canopy structure is an extension of an existing canopy which
presently encroaches over the right-of-way to the east, and said existing
encroachment has not been detrimental to the area.
$. That the petitioner stipulated to obtainin9 a written agreement with
the Pacific Telephone Company prior to constructing the proposed cur6 cut on Lincoln
Avenue since an existing service box may be required to be relocated; that a copy of
sald ~greement will be filed with the City of Anaheim; and that said curb cuC shall
be approved by the Traffic Engineer.
6. That the petitioner stipulated to submitting plans and o6Caining the
necessary building permits in connection with the existing unlawfully constructed
'.ath house on subJect property.
7. That there are exceptional or extraordinary circumstances or conditions
not,apply 9enerallyrtoethe property or classeofnusedin the samehvicinityrand zone, do
8. That the requested variance is necessary for the preservatton and
enjoyment of a substantial property right possessed by other property in the same
vicintty and zone, and denied to the property tn question.
9, That the requested variance will not be materiatly detrimental to the
public welfare or .inJurtous.ta the property or improvements tn such vicinity and zone
in which the property is located.
RESOLUTION N0. PC76-59
~ 10. That no~ e indicated their preserice~ said pubiic hearing in
~ opposition; and no corre~p~ndence was recelved in opposilTon to sub;ect petition.
FNVIRONMENTAL IMPACT REPORT FINDING:
That the Anaheim City Planni~g Commisslon does hereby recommend to the City
Council that the subject project be exempt from the requirement to prepare an
environmentai impact report, pursuant to the provisions of the California
Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planntng Commissio~
does hereby gra~t subject Petition for Variance, upon the foltowing conditions which
are hereby found to be a necessary prerequislte to the proposed use ufi the subject
property in order to preserve the safety and general welfare of the Citizens of the
City of Anahelm:
1. That the petitioner shail submit plans and obtain the necessary
building permits in connection with the existing unla~afully constructed lath house on
subj~:ct property. •
2. That the owner(s) of subJect property shall deed to the City of Anaheim
a strip of land 10 feet in w?dth from the cenCerline of the alley for alley
widening purposes.
3. 1'hat subject property shatl be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2; provided, however, that the petitioner shall obtain a oiritten agreement with
the Pacific 7elephone Company in cannection with an existing service box which ma1' be
required to be rPlocated if the propossd curb cut is constructed on Lincoln Avanue,
that a copy of said agreement shall be filed with the City of Anaheim prior tc the
construction of said curb cut; and that thelocatton of said curb cut shall be
approved by the Traffic Engineer, and, furthermore, that revised plans shall be
submitted to the Zoning Diviston showing the existing lath house, all as stipulated
to by the petitioner.
4. That Condition No. 2, above-mentioned, shall be complied viith prior to
the co~nencement of ehe activity authorized under this resolution, or prior to the
time that the buitding permit is issued, or within a period of one year from date
hereof, whichever occurs first, or such further time as the Planning Commission
and/or City Council may grant.
5. That Condition Nos. 1 and 3, above-mentioned, shall be coniplied with
prior to final building and zoning inspections.
TNE FOREGOING RESOLUTION ts signed and approved by me this 29th day of
March. 1976.
1
~ i~1i~,G%f/N~(/
CHAIRMA ~ ANAHEIM CITY PLAt~IJING COI~MISSION
ATTEST:
~ ,~A'~~~~.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIfORNIA )
COUNTY OF ORANGE )ss.
CITY OF NNAHEIM )
I, Patricia B. Scanlan~ Secretary of the City Planning Commission of the
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, 1976, at 1:30 p.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, HERBST, JOHN50N, KIt~G, MORLEY, TOLAR, FARANO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: t~ONE
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of March, 1976•
l 7/.~t ~•~.~C..~~ N ~~
SECRETARY, ANAHEIM CITY PLANNING COHMISSION
_2_ RESGLUTION N0, PC76-59