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87-005 RESOLUTION NO. 87R=5 RESOLUTION OF THE CITY COUNCIL OF THE ANAHEIM GRANTING VARIANCE NO. 3618. CITY OF WHEREAS, after a request for variance by INCH INVESTMENTS, 65 Capp Street, San Francisco, California 94103, owner, and FARANO AND KIEVIET, 100 South Anaheim Boulevard, #340, Anaheim, California 92805, agents, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3618 was granted covering the following described property: PARCEL 3, IN THE CITY OF ANAHEIM, AS SHOWN IN PARCEL MAP FILED IN BOOK 98, PAGE 39 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. The variance will not cause an congestion in the immediate vicinity nor adjoining land uses; and increase in traffic adversely affect the 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted to permit a liquor store in conjunction with an existing bus station (Greyhound Bus Lines) on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.04.045.011 Minimum landscaped setback. (15 foot minimum landscaped area adjacent to Harbor BI. required; 6 to 8 feet pro- posed) SECTIONS 18.06.050.022 18.06.050.027 18.06.080 AND 18.44.066.050 Minimum number of parking spaces. (20 spaces required; 27 spaces proposed) That said variance be granted subject to the following conditions: 1. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that an existing door shall be removed and replaced with a solid wall which shall completely separate subject liquor store from the bus station. 3. That only hot sandwiches shall be sold or served to bus passengers and no alcoholic beverages shall be served to bus passengers. 4. That prior to commencement of the activity herein approved or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 1 and 2, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoCtion 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 court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of January, 1987. MAYOR OF THE CITY OR ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM BG:fm 1671L 020587 -2- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-5 was introduced amd adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of January, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-5 on the 6th day of January, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of January, 1987. CITY CLERK OF THE CITY OF AHAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-5 duly passed and adopted by the Anaheim City Council on January 6, 1987. CITY CLERK OF THE CITY OF ANANEIM