PC 77-80RESOLUTION ~i0. PC77-&J
A RESOLUTIOt~ OF TIiE ANAHEIM CITY PLANNItJG COMMISSION
THAT PETITI011 FOR VARIANCE N0. 29t9 BE DEt~iED
UFIEKEAS, the Anaheim City Planni~g Commisslon did receivc a verified
Petitfon for Varlance from DALL E. AIID SARAtI ANN fOWLER, 11i30 South Grand Avenue,
Santa Ana, Califorrla y2705 (Owners) and JOYCE C. ROBB, 507 East Edgewater, Balboa,
Callfornla 92G6Q (Ayent) of certain real property situated in the Clty of Anahetm,
County of Orange, S[ate of California, described as:
Tha[ portion of Lot 20 In lilock K of the Kraemer Tract, as shown
on a Map recordecl In Book 12, pages ~37 and a3 ofi 1liscellaneous
Records of Los Angeles County, Lalifornfa, descrfbed as Parcel No.
2 as shown on a Map filed in Book $5, page 47 of Parcel Maps in
the Office of the County Recorder of Orange County, Californ(a;
and
WIIEREAS, [he City Pla~ning Commission dld hold a public hearing at the City
flall in thc City of Anahcirn o~ Narch 28, i977, at 1:30 p.m., notlce of said public
hearing havi~ig been duly given as required by law and ir. accordance with the
provislons of the Anaheim Munl~lpal Code, Chaptcr id.03, [o hear and cons(der
evidence for and aga'.nst sald proposed variance and to investiyate and rnake findings
a~d recommer~dations in connec[lon tfiercwil[h; and
WilE1lEA5, salc! Coinm(ssion, after due inspec[lon, invesiiga[fon and study made
by Itself and in its behalf, and after Jue co~sideratlon of all ev(dence and reports
offered at sald hearing, does find and de[ermine the followiny facts:
l, That the petitloncr proposes the following waiver .`rom the Anaheim
Munlclpal Code, io permi[ a rctail sales autlet in the ML (industrial, Limited) Zone:
S[CTION 18.61.~20 - Permitted uses. (Re[ail sales not permitted)
2. That the above-mentioned waiver is hereby denied on the basis [hat the
petitloner dicl not demonsCrate [hat a hardship would be created if said waiver was
not grante~; that the preposed use is not design~d to primarily serve the adjacent
indusrrtal conxnunt[y; that the use is appropriate for a commerciai ~one and suitabie
sitcs arc avaflable in the City of Anaheim; that the use would potentially generate
trafflc of a commerclal nature which Is not compatibie wi[h inJus[rial traffic; that
approval of this waiver would break down the (ntegrlty of the industrial community,
and zoning on [he subject property and adjacent propertles prohib(ts cortmerclal-
retail uses.
3. 7hat t~iere are no exceptlonal or extraordinary ctrcumstances or
condf[lons appllcable [o tiie prop~r[y invelved or to Cne inteneleJ use of the property
that do no[ apply generaliy to tl~e proper[y or ci~ss of use In the same vlcinity and
zone.
AESOLUTfON N0. PC77-80
4. That the requested variance is not necessary for the preservation ar~d
enjoyment of a subs[antlal property right possessed by other property in the same
victnlty and zbne, and denfed to the property (n question.
5, That the reques[eJ variance xill be materially detrimental to the
publlc welfare or injurious to the property or lmprovements !n such vicfntty and zone
fn whfch the property ls located.
6. That no one ind(cated their presence at saiJ public hearing in
opposi[lon; however, one (1) letter was recefved in opposition to the subject
petitlon.
EtIVIRONMEtIT~L lMPACT FIt~Di~~G: Tha[ [he Director of the Planniny Department
has determ ned that the proposed ac[ivity falls within [he definition of Sectio~
3.01, Class 1, of [he CiCy of Anaheim Guidelines [o [he Requirements for an
Environmental Impac[ Report anJ Is, therefore, categorically exempt from the
requlrement to file an EIR.
t10W, THEREFORE, DE IT RESOLVED that the Anaheim City Planning Commisslon
does hereby deny subJec[ Pe[i[ion for Variance on the ba~is nf the aforementfoned
findfnys.
TIIE FOREGOING RESOLUTION is siyned and approved by me thls 2$th day of
March~ 19/7.
,~!~.~v ~~~.
~ IRN N T~A~
ANANEIM CITY PLANNING COMMISSION
ATTEST;
t/ l.liG `:~GG~QJ ~
SECRE AR , AIJAHE ti C I LAt~N I t~G OhlM I SS IOf~
STATE OF CALIFORNIA )
COUt~TY OF ORANGE ) ss.
CITY OF ANANEIt1 )
I, Patrlcla B. Scanlan, Secretary of the Anaheim City Planning Commission~
do hereby ccrtffy tha[ the foreyoiny resotutlon was passed and adopted at a meeting
of thc Anaheirn C(ty Planning Correnisslun held on March 28, i977, at 1:30 p.m., by the
followiny vote of the members thcreof:
AYES: COMM15510tJERS: l;AftllES, DAVt~, H[RBST, KItIG, MORLEY~ TOIAR
NOES: COMHISSIONERS: NOt~E
ABSEN7: COMMISSIOI~ERS: JOIiNSON
1977.
W~TNE55 WHEREOF, I have hereun[o set my hand this 28th day of March,
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SECRETARY~ ANAHEiM CITY PLANNING COMMISSIOt~
-2- RESOLUTlON N0. PC77-80