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PC 81-14RESOLUTiON ?I0. PCR~-1!~ RESOLUTIOt! OF THE ANANEIM CITY PLANWIN~ CONHISSIOF! THAT PETITIOia F~R VARIAFICE N0, 31n5 t1F GP,q~lTEG WIIEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from f,R~VE CQPlSTRIICTIOM, 5?.15 East Chapman Avenue HS~, Oranqe, California 92669, oamer, and GLASTRON CARLSON BOAT CO., 1177 North ~rove Street, Anaheim, California 925~6~ agent, of certain real property situated in the City of Anahetm~ County of Orange, State of Lalifornia dPscribed as: THAT PORTIOtI OF LOT 1 OF SECTIOP! 5, T~4~NSHIP 4 Sn(iTH, RANGE ~ WEST, SAN BERNARDIMO BASE AhlD MERIDIA~l, IFI THE CITY OF AtJAHEIM~ COUNTY OF ORAtaGE, STATE OF cALIFORr~IA, ACCORDING Tn THE OFFICIAL PLAT FILED IN DISTRICT LAND OFFICE, APRIL 13, 1875 DESCRIBED AS FOLLOWS: PARCEL N0. 7, AS SH01~I 0~~ A MAP FILED IN BOOK 5~ PAr,E 5~ OF PARCEL MAPS, IN THE OFFICF OF THE COUNTY REC~RDER OF Sl,ID COUNTY. WHEREAS, the City Planning Commission did hold a puhlic hearinq at the Civtc Center in the City of Anaheim on January 12, 1981, at 1:3~ p.m., notice of said public hearing having been duly given as required by laHr and in accordance wtth the provisions of the Anaheim Municipal Code. Chapter 1R.Q3, to hear and c~~s~de~ evidence for and against said proposed variance and to investigate and make findings and recommendations in connec~ion there~oith; and 61HEREl1S~ satd Commission, after due inspection, investictatio~ and stud~ made by itse~f and in its behalf~ and after due consideration of all evidence and reports offered at said hearing, does find and determine the followir~a facts: i. That the petftioner proposes a watver of the follcriring to retain a non- comforming fence: SECTION 18.61.OF8.03n - Required enclosure of outdoor uses. ,C aTn- ink ence nterwoven ~a th reda~ood cedar slats required; Chain-link fence without slats existing) 2. That the above-mentioned waiver 's herehy granted on the basis that the petttioner demonstrated that a hardship exists due to the irreqular shape of the property~ the ortentation of the buildings on the site wherehy the chain-link fence provides visual security, and on the basis that the chain-link fence is only fifty- seven (57) feet long. 3. That there are exceptional or extraordinary clrcumstances 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 vfclnity and zone. 4, That the requested variance ts necessary for the preservation and enjoyment of a substantial proFerty right possessed by other property in the same vlcintty and zone, and denied to the property in question. PC91-1 ~~ 5. That the requested variance v~ill not he materially detrtmental to the public ti•+elfare or injurious to the property or improvements in such vicinity and zone in which the pr~perty is located. 6. That no one indicated their presence at said public hearing in opposition; and that no correspo~dence o-~as received in opposition to the sub)ect petition. EPIVIRONMEDlTAL IMPAC7 FIP~DING: The Planning Dfrector or his authorized representative as determined that the proposed project falls ~•~ithln the dPftnition of Categorical Exemptions, Class 1, as deffned in Paragraph 7 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVED that the Anahelm City Planning Commissian does hereby grant subje.ct Petition for Variance, upon the followin9 conditions which are hereby found to be a necessary prerequisTte to the proposed use of the subJect pronerty in order to preserve thc safety and general vrelfare of the Citizens o° the City of Anaheim: 1. That subject property shall be de~eloped substanttally in accordance with plans and specifications on file ~aith the City of Anahetn marked Exh(bit No. i. BE IT FURTHER RESOt_VFD that thc Anahci.^.. City Plannin~ Commission does hereby flnC and determine [hat adoption of ttiis Resolution is expressly predicated upon applicant's compliance v+ith each and all of the cnndit(ons her~inabove sr.t forth. Should any suc~i condition, or any part thereof, '~e declared invalld or unenforceable by the final jud,yment of any court of cc~mnetent jurlsdiction, then this 4esolution, and any approvals herein contained, shall he d~em~d null and v~id. TfIE FOREGOING RESOLUTION is siqned a~d a~proved by r+e this 12th day of .'anuary~ 1~81. ~ ~; ~L'Ja C~t~ l/" GO~-~-- ~T,F{ ~ MAtJ ~ ~I NE 1-1 L I~ Y LAHN NG CONM I SS I ON ATTEST: ~~ ~ ~GL~~ ~~ SECRETARY~ At1AHElH CITY PLAtININf; COHNISSIQII _Z_ PCA1-14 ~~ ~ STATE OF CALIfORN~A ) COUNTY OF ORAPIGE j ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Plannina Commission~ do hereby certify that the foregoing resolution was passed and adopted at a meettng of the Anaheim City Planning Commission held on Ja~uary 12, 1?81, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, KIPIG, TOLAR NOES: COMMISSIONERS: NOPlE ABSENT: COMMISSIONERS: BARNES, HERBST 1981. IN WITPIESS WHEREOF, I have hereunto set my hand this 12th day of January, ~~. ~ ~,~.:. SEC?ETARY, APIANEIM CITY PLANNIPIG COMMISS~ON -3- PC81-14 .. ....:~.~ SE:S~U!71~~! ~ln. PC'1-1! !~ F,ESnLUTi~', OF TH~ "~~1/+.,~Ci~n CITY Pl~ll~;l'ir Cn~~~~~I~Sin~! T~if~? P[TI i I~!. Fnn ~~LCI~~ ~C= ."I~, jl "~ f?F (:R~'!TF[1 ~'~'E~[AS, the ~1n~ihei~ Cit:v Pl:~nninn Con~-issi~n r'i~i r~c~ivc a vrrifiec Petition for Varianc~ fron GRn~~r f~~!ST°jiCTI~H~ r?~r [~s« (;I~r,~~,~n /1~J~,nLP ~j~, Oranae, California ~12,<6~~, o~mer, and ~Lr1;TR4"! rn~,i_Sn"; BOf,' C''~., 117j 'lorth Srove Street, Anahein, California ~2~^~, nnent~ ~F c~rtain rcal nrn~rrr.v sir.uatr~d in the City of llnaheim, County of Oran9e, Statc o= Califnrnia d~scrihec' as: TI~AT Pnr,TlOt; OF L~T ~ Or SECTIO~~ 5, Tn!;~iSHIP ~: SrniT~f, 2k~d~E ~ 1JEST, ;f~F! [iER~~AR~IP10 f?ASC A~l~ ~1Ef'IDIAt', I~' 7l+E C!7Y OF l1t1AHEl'1, CQU~JTY OF OP,~I1r;E, ST!!T[ ~F CnL I F~R`! I A, llrr~q~ ~ rir, i n Tf~F ~pF I C I P,L PLAT FIL~D It: D;ST~IrT LItNp OFFIC[, APP,IL 13, 1%'75 DESCRIBFn qc FOLL'?l;S: PARCEL tJO. 7, AS S~!O~.RI C1'~ /1 N!" FII Fp I~i [?~(~K ~~ Pnr,E 5n ~F P~P.CEL Mr^,PS, Itl TE~E OFFICF ~~ TNE Co~!;;TY RErn~pFR qF 5~111 CQ!l~lTY. 41HERf.AS, the City Plannina Co^~is=.ion ~1id hold a ~u~~lic hearinn at the Civic CentPr in the City cf .~naheir on Janu~rv iZ, i~ui, ~t 1:;~~ n.n., noticc of said public hearing havinn been dulv niven a, re~u~red ~y la~.~ and in acc~rdance with the provisions of thr Ana!~eim ?lunicipal Code, C`~anter 1~'.^3, tn hear and eonsider evidence for and against sai~! Nrooosed vari~ncr and t~ investinate an~f r~ake findinas and reeommendations in cnnnection there~.~~ith; and WHERE:IS, said Connission, aftcr due inspec[ion, irvestiaation and study made by itself and in its behalf, and aftr-.r dun c~nsid~ratinn ~` i11 evidenc° anc! repcrts offered at said hearin~, does find ~~nd d~Cernine the f~lloa~inq facts: t. That the ~etiti~ncr prnnnses a~;~~iver ~f t!~e f~ilro•~inn to retain a non- eomforminn fene~: S~CTI^'! 1.°,.~1.!1F",~3~ - R,~~ii?red enclosurc~ of outdoor uses. I,C a i n- i n!~ ence i nten~roven i•ri th red~•,ood ec~dar s lats r~ou i re~f; Chain-link fenCe ~:rit~'out sl~ts existing) 2. That t!ie atiovc~ ~entioned ~•~aiver is herFhy nrante~l on the basis that T.he oetitioner denonstrated that a hards'~in e~cists due i~ the irrPnular shape of the pro~erty, the orientation of t'~e buildin~; ~n the sit~ ~•~herrf~y the chain-link fence provides vis~,i1 security, and on the hasis that the chiin-link f~nce is nnly fifty- seven (57) feec lona. 3. That ther.~ ~re ~.xcrptional nr er.traordlnan• circiinstances or cenriitions applieablc to the oronerty involved or to ttin inton~lcri use ~f thP nronert•~~ that clo not apoly generally to t~e ~roperty ~r class of u~e in tf~e simr vicinif.y snd znne. '~. That the requested vr~riance 's n~ces5arv for t'~~ ~res~rvatinn :~nr~ enjoy~nent uF a suhstan:ial prnperty right ~ossesse~ by other prnnerty in th~ same vicinity and zone, and drnied t~ ttic nrn~~rty in ~ucstl~n. P('41-11~ 5. That the requested variance iii11 net he materially detrimental to the public ~relfare or injurious [o the ~roperty or improvements in such vicinity and zone in which the property is located. 6. That no one indicated their presence at said public hearing in opposition; and that no correspordence vlas received in opposition to the subject petition. EMVIRO~UIENTAL IMPACT FINQIFJG: The Planning Director or his authorized representative has determined that the proposed project falls a~ithin the definition of Categorical Exemptions, Class 1, as detined in Paragraph 7 of the City of Flnaheim Environmental Impact Report Guidelines and is, thereforeY categorically exempt from the requirement to prepare an EIR. NO~,J, THEREFORC, BE IT RFSOLVED that the Anaheim City Planning Commission does hereby orant subject Petition for ~~ariance, upon the following condttions which are hereby found to be a necessary prerequisite to the oronosed use of the subject property in order to preserve the safety and gener~l Urelfare cf the Citizens of the City of Anaheim: 1. Tnat subject property shall be developed substantially ir. accordance with p'ans and specifications en file ~•~ith the City of Anaheir:~ marked Exhibit No. 1. BE IT FURTHER RESOLVFD that the Anaheim City Plannin~ Commission does hereby find and determir.e that adoption of this Resolution is ex~ressly predicated upon appl:cant's compliance ~~rith each and all of the corditions her~inabove set forth. Shauld any such condition, or any part thereof, he deciared invalid or unenforceable by th~ final judgment of any court of com~etent jurisdiction, then this Resolution, and ary approvals herein contained, shall be deemed null and void. THE FOREGOING P,ESOLUTIOPI is siqned and approved by me this 12th day of January, 19oi. ~~ !/" /~G~~ CIIA I Pr1AiJ, ANAHE I M C I TY PLAN^! I NG COMt•1 I SS I Oh! ATTEST: %~ SECRETARY, APlANE IM C ITY P!.A~dM I NG COP1M I SS I OP! _~~_ PC81-11~ STFlTE OF CFlLIFnRN1A ) COUNTY OF ORANG[ ) ss. CITY OF ANANEIt1 ) i, Edith L. Harris, Secretary of the Anaheir~ City Piannina Commission, do hereby certify that the `oregoing resolution ti•~as passed and adopted at a meeting of the Anaheim City Planning Commission held on January 17_, 1~£31, by the following vote of the members thereof: AYES: COMMISSIONERS: QOU/15, QUSHORF, FRY, KI^1G, TOLAn NOES: COMMISSIONERS: PlOPlF ABSEi•!T: COMMISSIONERS: DA(tNES, ~IERRST 1981. IM 4JITM[SS 4JHEREOF, I have hereunto set my hand this 12th day of January, `~~.~..~. ~ ~~.. SECR[TARY, AtJANE I ~t C ITY PLANN I hlr, CnMM I SS l ON -3- PC31-i4