PC 77-47RESOLUTIOIv N~. PC77-47
RESOLUTION OF THE ANAHEIM CITY PLANN~vG COMH15510N
THAT PETIT~ON FOR VARIANCE N0. 2895 SK GRANTED.
WHEREAS, the Anaheim City Pi.anning Commission did r~c~ive a verified
Petition for Variancz from L(NTO~~ COLLIER, 1678 W. Droadway, =204, Anaheim,
California 92802 (Owner) and FOTOH/1T CORPORAT~ON, 1$18 West Av~nue, Fuiierton,
California 92633 (Agent) of certain real property situated in the Lity of Anaheim,
County of Orange, Scate of California described as:
All that certain real property in the City of Anaheiin, County of Orange, State of
~alifornia being that portion of [he South~aest quarter of the tlorthwest quarter
of the Southeast quarter of Section 22, To,.~ship 4 South, Range 10 West in the
Ra~cho San Juan Cajon de Santa Ana as shown on a map thereof recorded in Book 51,
Page 10 of tlisceli~neous tlaps, records of said County described as follows:
Beginniny at the South~aest corner of the land described in the deed to David
Ragin and wife, recorded tlarch 7, 1951, in Book 2154, Pzge 306, Official Records,
said poi~i being i~ the West linc of the Southeast quarter of said Section 22,
and distant South 0° 14' 30" Eas!:, II89.2G fcet from the c~nter of said Set[ion
22, said center being the intersection of t.he centerline of Cerritos Avenue `rom
the Wes[ with the North and South quarter section line of said Sectlon 22; thence
North 89° 55' 30" East along the So~~therly line o` said land of David Ragin
660.77 feet ta the Easterly line of said Sou[hwest quarter; th~nce South 0° 14'
45" Eas[, 426.5a fee[ alang the Eas[erly 'ine of said Southwest quarter to the
Southeast corner of said Southwest quarter; thence South 89° 51' 23" West along
the Southerly line of said Southwest quarter; 660.77 feet to the Southwest corner
of said Southwest quarter; thence ~~orth 0° 14' 30" West along the Westerl~ line
of said Southwest quarter 1+26.58 feet t~ the point of 5eginning. Excepting
therefrom the Southerly 175.00 feet of said Southwest quarter,
WHEREAS, the City Planning Commission did schrdule a publlc tiearing at ttie
City liall in the City of Anaheim on January 17, iQ77, ai 1:30 p.m., notice of said
public hcaring having been duly given as requlred by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.~53, to hear and consider
evidence for and against said proposed varlance and to investlgate and maMe findln9s
and recommendations in connection ther~with; said public nearing having heen
continued to the Planning Commission meeting of February 28, 1977; and
k'I1ERrA~, said Commission, aftet' due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidEnce and reoorts
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes tF:e foll~~~ing waiver from the Anaheim
Municipal Code, to permit an existing Fotomat:
SECTi01J 18,04.045.011 - Minimum structural setback. ~35 feet
requlred; 22 eet pxisting
2. ThaC the above-mentioned waiver ls hereby granted on the basis that the
existina building is of a temporary nature a~d has blended intc the atmo~phere of the
com.~n~nity without being detrimental to surrounding land uses, that there is a
community need for the er.isting business, and thae the removat or relocat[on of said
structure would ~reate a hardship for the petiti~ner; and, furthermore, tt,e granttng
RESOLUTION N0. PC77-47
of this waiver is not intended to set a precedent for future simitar requests along
Harbor Boulevard.
3, That the petitioner stipulated to installing an approximately 3-foot
wide by 56-foot long landscaped planter adfacent to the westerly property line along
Harbor Boulevard extending between t:~e southerly Lwo driveways, as indicated on the
revised plans.
!i, That t~~ere are exceptional or extraordinary circumstances or co~Jitfons
applicable to the property involved or to the intended use of the property that do
r.ot apply generally to the pro~erty or class cf use in :he same vicinity an~ zone.
5, That the requested variance is 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 questior.
6. That the requested variance will not be materially detrime~tal to the
public welfare or injurious to the proper[y or improvements i~ S~JCh vicinity and zone
in which the prope~ty is located.
7, That one (1) person appeared at said public hearing in opposition and
also submttted a letter in opposition [o [he subJect ,7etitio~.
ENVIRONMENTAL IMPACT F~ttDItJG: That the Director of the Rlanning Department
has determined that the proposed activit; falls within the definition of Section
3.01, Class 5, of the City ~f Anaheim Guidelines to the Requlrements fer an
Environmental Impac[ Repurt and is, therefore, cate9orically exempt from the
requirement to `ile an EIR.
~~OW, THEREFQRE, BE IT RESO!VED that the Anaheim City Ftanning Commission
does hereby grant sub,ject Petition f~r Variance, upon the following conditfons which
are hereby found to be a necessary prerequisite to the proposed use of the sub}ect
property i~ order to preserve the safety and yeneral wel`are o.° the Citizens of the
City of A~aheim:
1, That the owner(s) of subJect property shall pay t~ the City of Anaheim
the ::~m of two dollars (S2.d0) p~~ front foot along Harbar 8oulevard for street
lighting purposes within a period of 60 days, or such further time as the Planning
Commission may grant.
2, iha[ subJec~ ~roperty shall be developed suhstantially in accardance
wiih plans and specifications cm file with the City of Anaheim marked Exhibit Nos. ~~
2{R~oisior No. 1), and 3 thr~ugh 10.
_2_ RESOLUTlON NQ. PC77-47
THE FOREG~INr, RESOLUTIOtt
February, 1977.
aTTEST:
~~,~~,~~~~.~
SECRETARY, AtdAHEIN CITY PLA~IPIING COM`115SIOt~
STATE OF CALIFORt~IA )
COUNTY OF ORAPJGE )ss.
CITY OF AtlANEIM )
I, Patricia B. Scanlan, Secretary oF the Anaheim City Planning Commission,
do hereby certify that the foregoing resolution ~aas passed and adopted at a mee*ing
of the Anaheim Cit.y Planning Co~renission, held on February 2$, 1Q77, at 1:30 p.m., by
the following vote of the members thereof:
AYES: COMMIS510NER5: JAVID, HEREST, KIP~G, MORLEY, TOLAR, JOHNSON
NOES: COMMiS510NER5: ~~ONE
ABSENT: CQt1t115510NER5: BARNES
1971.
Itd WITNESS WI~EREOF, 1 have hPreunto s~t my hand this 2~3th day af February,
~
/ / ~ . ,v ~L.,ti~er~a1/
c. s '~
SECRE'PARY, ANAHEIN CITY PLA~~NIN~ COMIiISSION
is signed and approved y me this 2~th day of
~
CHAIRMAN ANAHE! GITY PLANtJI?~G COM!115510N
-;- RESOLUT~ON WQ.; PC77-47