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PC 82-170.--. ~ RESOLCTTION NO. PC82-170 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VAFtIAt1CE NO. 3293 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Variance from TRI-FREE[qAYS ASSOClATES, 2222 Corinth Avenue, Los Angeles, California 90064, owner, and MS. ABBIE DUFFY, 2121 West Crescent Avenue, #H, Anaheim, California 92801, agent, of certain real property situated in the City of Anaheim, County of Orange, State o£ Cal.ifornia described as: PARCEL 1: pARCEL C, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIp, AS SHOWN ON A MAP FILED IN BOOK 44 PAGE 15 OF PpRC~, Mppg~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Co[mnission did hold a public hearing at the City Hall in the City of Anaheim on September e, 1982, at 1:30 p.m,, notice of sai.d public hearing having been duly qiven as rev_uired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommPndations in connection therewith; and WHEREAS, said Commisaion, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1• That the petitioner proposes waivers o° the fc22owing to retain a free~tandiny si,q~; (a) SECTION 18.05.093.023 - Permitted location (120 feet from side property line required; 10 feet existing} ~b) SECTSON 18.05.093.0241- Maximum Hei ht ~25_ fe _et permitted within 750 feet of a residential structure; 40 feet existing) Z• That the requested variance is hereby granted subject to the petitioner's stipulation that the sign shali be used only to advertise available space in the inlustrial complex. 3• That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated a hardship due to the shape of subject property and on the basis of the location of the siqn relative to surroundings and on the basis that the sign has existed for six years without any adverse effect on the surrounding area. #0201I YC82-I70 ~ ....._. ~.... _ ._. ~. r'~~, ~~ 4. That there are exceptional or extraordinarp circumstances 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 vicinity and zone. ~• That the requested variance i.s necessary for the preservation and enjoyment of a substa tial propert~- right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That the requested variance will not be materially detrimental to the public wel£are or injurious to the property or improve~ments in such vicinity and zone in which the property is located. 7• That no one indicated their presence at said public hearing in opposition; and that no correspondence was r.c;eived in oppositio:•. to subject petition. ENVIRONMENTAL IFIPP.CT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 11, as defined in the ~tate EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLV~D that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to he a necPSSary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizen~ of the City of Anaheim: 1•~ That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 2. That a sign permit shall be obtained. 3. That Condition Nos. 1, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any co~urt of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and apprrved by me this 8th day of September, 1982. ~ A N, P.NAI3EIM CITY NNING COMMISSI~N ATTEST: ~dl~+ ~ ~~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC82-170 s~ ~ ., ~ ~. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the Eoregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 8, 1982, by tlxe following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LA CLAIRE IN WITNESS WHER~OF, I have hereunto set my hand this 8th day of September, 1982. _ ~ ~L.C.~..+ ~•- w n SECRETARY, ANAHEIM CITY P ING COMMISSION -3- PCBl-170