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PC 77-79RESOLUTIO~~ N0. PL77-79 A RESOLUTI01~ OF TtiE A!~AHEIM CITY PLANt11NG COMMISSION TNAT PETITION fOR VARIANCE N0. 2917 DE GRANTED, IN PART NiIEREAS, the Anaheim City Planniny Commission did recelvc a verif(ed Petitlon for Variance from DSI REALTY II~COME FUIlD, 34j Sa~ Antonio Drive, Lony Beach, Californla 90iS0% (Owner) and L. J. ItONNER CORPORATION, 343 San An:onia Drive, Lony Beach. Calffornla 90307 (Agent) of certafn real property situated in the City of Anahefm, County of Orange, Sta[e of Calffornla, described as: That port(on of Lot 7 of thc Joseph Flscus Subdivision, as shown on a Map recorded in book i1, page 73 of Mlscellaneous Maps, record~ af Orange County, Calirornia, descrlbed as Parcel 1, as sho,.n on a Map recorded In book 91, paqe 5 of Parcel Maps in the Office of the County Recorder of sa(d Orange Lounty; and WIIEREAS, the City Plannin~ Commission did hold a publ(c hearing at the City Hall in the Lity of Aneheim on March 24, 1977, at 1:3~ P•m., notice of said public hearing having been duly glven as requlred by law and in accordance with the provisions of thc Anahelm Municipal Lode, Chap[er 18.03~ to hcar and consider evldence for and agalnst sai~l proposed varlance and to investigate and mal;e findings and recomrt~rndations In connec[lon th~:ewith; and WI{CREAS~ sald Commission, arter due i~~~oec[ton, fnvest(yation and study made by itself and in Its behalf, anJ after due tonsiceration of ali evidence and reports r,ffered a[ salJ hearing, does f~inJ and d~termfnc tlic follovi(ng facts: l. Tha[ [hc petitluncr proposes the following waivers from the Anaheim Munic(pal Code, to construct a free-standiny sign in the C-R (Lommertial-Recreation) Zone: a. SECTIOtI 1ki.05.093.023 - Pernftted si n location. 120 ect rom abutting parcel requlred; 13~ect proposed) b. SECTION tiS.0y.093•~2~~1 - Maximum siyn helght. 25 cet permftted; 50 feet proposed) 2. That Welver 1-a, above-mentioned, Is hereby denied on the basis that thc petl[loncr Jid not demons[rate [hat a harJshlp would be created lf said waiver was not yran[ed. 3, That 1laivcr 1-b, abovc-mentloncd, is hcrcby gran[ed on the basis that the petit(oncr dennnstrated tliat a hardship would be created if said wafvcr was not yran[ed since [hie proposed mo[el fs at a lower grade eleva[ion Chan the adJacent freeway and the proposed 5~-foot sl~~n would provfdo Ident(fication of the motel as a convenience Co the motortny public; and further, that there are exlsting signs of slmilan c~(ghts on other propertics fn thc surroundlny area. RESOLUTION 1~0. PL77-79 4. Thac there are exceptional or extraordinary circumscances or canditions applicable to [he proper[y involved or to [tie intended usc, as granted, of the ~roperty that do not apply yeneratly to ttic property or class of use in the same vicinity and zone. ~. That the reyuesteJ variance, as ~ranted, is necessary for the preservatlon and enjoy~ent of a substancial property riqht possessed by other property in the same vicinity and zone, and denicd to the property in question. 6. That thc requcsied variance, as ~~ranted, will not be matcrially detrimental [o [he public welfare or injurious to [he properiy or improvements in such vicinity ane~ zone in which the property is locateJ. 7, Tliat no one in~ica[r.d their {>resence aC said pu6lic hcaring i~ opposltion; anJ that no correspundence was receiveJ in opposition [a [he subjec[ petition. EI~JIitOtIMLN1AL IItPrCT FIqGI!JG: That thc Director of the Planning Uepartment has determincd [hat the proposcd activity falis within thc definit(on of Section 3.01, Class 11, of thc City of Anaheim Guiclelines to the Requiremeni5 for an Environmen[ai impact Report anJ is, therefore, categorically exr~mpt frcxn the requirement to filc an Elk. NOl1, THCREFORE, UL I~ RESOLVCU [ha[ thc Anahcim City Planning Commission does hereby yran[, in part, subject Petition for Variance, upon the following conditions which are hereby found ta bc a neccssary prerequisitc co the proposed usc of the subjcct property in order to preservc [hc safety anJ ~eneral welfare of the Citlzens of tl~e Lity of Anahcim: 1. That sub;cct prupercy shali be developed substantially in ~ccordance with plans anJ speciflcations un f(ie with the City of Anaheir~~ marked Exhibit Nos. 1 and "l; provided, hrn~evcr, [hat the propused sign shall bc located a minimum of 120 fcet from ~djaccnt p~rccls of Inn~f. TIIL FORCGOING RCSULUTIUN is si9neJ anJ approvcd Ly ne this 2bth day of 1larcfi, 1)!7. ~ ZI I( KI1FN RO TEH ANAHEIM CITY PLAN!~INf LOMMISSION ATTLST: ~ , L R , N~1 1 I 111 ! 1 J -Z- RESOLUTION N0. PC77-"/9 57ATE OF LRL i FORt~ I A) COUd7Y OF ORAI~G~ ) ss. C I TY OF ANAHE I11 ) I, Patricia B. Scanlan, Secre:ary uf the Anatwirn City Planning Cattnission, do hereby certify that thc foregoing resolution was passecl and adopted at a mce;ing of the Analicim City Planniny Co~mission held on Mar•ch 2ES, 1977, at 1:30 P.m., by [he followlny vote of the members tt~ereof: AYES: CCMNISSi0NER5: f3ARt1E5, UAVID, t1ERElS7, KIfIG, MORLEY, TOLAR NOES: COHMISSIONERS: NONE ABSEt17: COMI1155IO~IEKS: JOHIISUN It~ u171JC5S WIIEIIk:OF, I liave hcreunto set my liand tliis 2Lth day ~f March~ ~911 ~.~_.t~aJ ~ , „ ~ ~~+ t~ ~ co~nissiot, _3_ RESOLUTION I~O. PG77-79