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PC 84-225~~~, RESqLU'L'ION N0. E'C£34-225 .~~~. A R~:SOLUTION ~[' 'CHG ANAHGIM CITY PI~ANNING C:OMMISSION THAT PC:`i'ITTOIV I'OR VARIANCE N0. 3~33 BE GRANTEU WHER~AS, 4he Anaheim City Planning Co~lunission did receive a veCified Peti.tian f.or Variance from I.GO FREEDMAN EN'I'ERE~RISE, 468 Sauth Roxbur.y Dr.ive (PT H), Bever].y Hi.lls, Califarnia 90212, owner of certaici real property sit~iatecl in r.r~e City of Anaheim, County of Orange, State of California described as: THE EA~'I' G50. UO FEE'i' OF T~E WEST 72~. UO I'EET OF THE NOR'rH 585.OU EEET OF THE SOUTH 1"l60 FEET OF THE SUUTHEAuT QUARTER OF SE(:TION 22, TOWNSEiIP 4 SOU'rH, P.ANG13 10 LJEST, IN THE 1RANCHO SAN JUAN CAJUN DE SANTA A~JA, CITY OF ANAHEZM, COUNTX OE ORANGr., STATE 0~ CALIFARNIA, AS PEI2 MAF RECORD~;D IN BOUK 51 PAGE 1Q QF MISCELLANEOUS MAPS, TN THE OFI'ICF. OE' THE CUUNTY RECOkDER OE' SAID CUUNTY. ~XCEPT THAT PURZ'ION THEREOr DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CURNER OF SAID LAND; THENCE SOUTH 0° 13' 22" EAS`.C 141.11 EEN:T ALONG THE EASTERLY LINE OF HARt30K BOULEVARD; THENCE NORTH 89° 54' 30" EAST 20.00 FEET; Z'HF.NCE NORTH 49° 54' 30" EAS'P 36.77 F'EET; THENCE NORTH 89° 54' 30° FAST 65.2$ FEET; THENCE: NQRTFI 0° 13' 22" WEST 30.75 FE:ET; THENGF. NORTH 89° 54' 30" r~AST 38.li6 FLET; TEIFNCE NOR'PH 0° 13' 22" WES'P 84.36 F~ET; THENCF SOUTH F~9° 54' 30" WEST 150.00 EEET TO THE POINT OE' BEGINNING. WHEREAS, the Cit~+ Planning Commission c]id hold a public hearing at the Civic Center in the City nf Anaheim on October 29, 1984, at 1:30 p.m~, riatice of said publi~ hearing having been duly yiven as required by law and in accordance with the provir~ions of. the Anaheim ~lunfcipal Cude, Chapter 18.03, to heGr and consider evidence for and against said proposed v~~riance and to investigate and make findings and recommendations .in connection therewith; and WHEKEAS, said Commi.ssion, after due inspection, investigation and study made by iteelf and in its behalf, and after due consi~iecation of all evidence and reports offered ar_ said hc:aring, do~s find a~~d determine the following facts: 1. That the petitioner propuses a waiver of the following ta retain 25 roof-mounted Elxgs: Section 18.05.074.030 - Permikted n~mber and tYFe of flags. (3 flags: nakional, state~ religious or lr~ternal permitteds 25 flaqs: national, statQ and international existinq) 2. That the a~ove-mentioned wafver is hereby granted on the baRi3 that there are special circum~r.ances applicable to tht ~roperty such as size, sha~e, topugraphy, location and ~ucroundings which do not apply t~o other identically zoned proaerty in r_he saine vicinity; and that strict application of th~ Zaning Cnde c~epr.iv~s the property of privilege~ ~n;~oyed ~y other pcoperties i~ the identfcz~.l zonn and cla~sification in khe vicin{ty. ~0357r Pr.84-225 . ~,~ 3. That there are exceptzonal or exlraurr]inary circumstar~ces or conditions applicable to the property involved or to lhe intended use o£ the property tha.*. do noC apply generally to ~.:he pr.operty or class of use in the same vicir~.ity and zone. 4. That ttie requ~sted variance~ is necessary for khe preservation and enjoym~nt of a substantia]. property riyht ~:ossesyeci by other property i.n ths same vicinity and 2one, and denied tc t:he ~~raperty in question~ 5. That th~ rEquested vari~nce will n~t be materially detrimental to the ~ub~ic welrar~ or injurious to the property or impr~vements in such vicinity and zone in whict~ the property is located. 6. That no on~ indicated their presenc~ at said pubaic hearing in opposition; and that n~ corcespondenre was received in op~osition to s~xbj~;:t petition. ENVIRONMEN7'AL IMPACT FINDING: The Planning Directar or his authorized representative has determined thaL- the proposed project fall~ within the definition of Cateqorical Exemptions, Class 1]., as defined in the Statn EIR Guidelines and is, therefore, c~tegorically exempt From the requirement to prepare an EIR. NOW, ~I'HEF2EFORE, BE IT RESOLVGD ~hat the Anaheim City Planning Commi~sion does }~ereby gran~ subject Petition for Var.iance, upon the following conditions which are hersby foun~ to be a necessary pcerequisitE to the proposed use af khe subject pruperty in order to pr~~erve the saFety and general welfare of the CitiLens oC r.he City of Anaheim: 1. That subject property shall be developed sub~L-antfa_lly in accordance with plans and specifications c+n file with the City of AnaF~eim marked EXhibit No. 1. 2. That Condition No. 1, above-mentionec~, shall be com~leted within a period of thirty (30) days from the date of this resolution. B~ IT FURTHER RE50LVED that thN An~heirn City Planning Conmission does hexeby find and deteGmine that adoptien of this Rpsoluti.on is expressly predfcated upan applicant's compliance with each and all of the conditfons hereinabove set fo:th. Should ar-y such condition, or any part lhereof, be declared invalid or unenforceable by tt-i~ final judyment of any court ~f compe~ent juri~diction, then thia Resolution, and any approvals herein contained, shall be deemed null and void. '~HE ~'pR~GOING RGSOLJ'rIUN is signed and approved by me this 29th day of October 1984. 2 ~ 1 ~ _. CIiAYRWOMAN, PRO iEMP RE ANAHEIM CITY PLANNIMG COMMISSI~N ATTEST; ~' ~ ~J~- . ~` 5ECRETARY, ANANFIM CITY PLANNING CUMMISSIAN -2" PC84-225 ;` i` 1,; r 4-:; 1 ~` ~ ..~~-~. .«~r ~ STATE ~F (:AT:TFORNSA ) COUNTY U~' QRANGG ) ss. (:I~Y OF ANAEiEIM ) l, Edi.th L. i3arris, Secretary of the Anaheim City Planning Commission, da hereby c~rtify tha~ the forega.ing resolut•ioti was passed and adopted at a meetin; of the Anaheim City Planning Commission l~eld on October 29, 1984, l~y the following vo~e of the mem5ers thereof: AYES: (;OMMISSIONERS; BOUAS~ ~RY, ICING, LA CLAIRE~ MC BURN~:Y NOES: COMMISSIANERS: BU~HORE ABSENT: COMMISSIONERS: HEFtBST :[N WITNESS WHEREOF, I have hereunto set my hand this 29th day of October 29, 1984. ,,,~ ~ . ~~ 5ECRE'rARY, ANAHEIM CITY PS,ANNING COMMISSION -3- PC84-225 . .. _~~~