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PC 72-119~ ~ ~ RESOLUTION N0. PC72-119 A RESOLUTION OF TFIE CITY PLANNING COMMISSION OF TNE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2373 BE DENIED WHEREAS, the City ?lenning Commisslon of the City of Anaheim did ceceive e verified Petition for Variance Erom IRjdIN B. NEWHOUSE and ROY L. HURLBUT, i1301 Bixler Drive, Garden Grove, California 92640, Owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as The East half of the West half of the Northeast quarter of the South- east quartpr of Section 15, Township 4 South, Range 11 West, in the Rancho Los Coyotea, as per map recorded in book 51 page 11 of Miscellaneous Maps, in the office of the County Recorder of said County, lying Southerly of the Westerly prolongation of the center line of Mungall Dri.ve, as shot.m on a map of Tract No. 3591, as per map recorded in book 133 pages 18 and 19 of Miscellaneous Maps, in the office of the County Recorder of said county. ~;{CEPT the South 660.00 feet thereof. ALSO EXCEPT the West 100~00 feet thereof; and WHEt2EAS, the City Pianning Commisaion dld hold a public headng et the Clty Nell in th. City of Aneheim on May 31, 1972, et 2:00 o'clock P.M., notice of seid public hearing heving been duly ~}ven as required by law and In acco~dence with the provisions oE the Aneheim Municipel Code, Chepter 18.68, to hear and consider evidence Eor and egainst seid proposed variance end to 3.nvestlgnte and meke flnding's end recommendations iu connection thecewith; end WHEREAS, eaid Commission, efter due inspection, investlgation, end study made by itself and in its behelf, end eEter due consideretion of ell evidence and reports offeced at said hearing, does find and determine the following fects: 1. '1'het the petltioner requeats variance~m the Anaheim Municipel Code. as followa : a. SECTION 18.62.130 - Temporarv displav of flaga and banners. (Flags and banners for advertising purposes proposed; flage and banners not permitted) b. SECTION 18.62.130(1) - Allowable time limit. (two consecutive 14-day periods permitted; r.o time limit proposed) 2. That the petitioner developed this apartment complex at this location with full know- ledge that it 3id not have direct exposure to an arterial highway. 3. That granting subject petition would be granting the petitioner a privilege not en- joyed by other apartment develooments or ccmmercial uses throughour the cil-y. 4. That granting subject petition would be establiehing an undeQirable precedent wherein any atl~er houaing development or commercial use could request a aimilar waiver. 5. That there are no exceptional or extraordinary circumstancea or conditions applicable to the property involvEd or to the intended use of the property thet do not apply generally to the property or class of use in the same vicinity and zone. 6. That the requested variance is not necessary for the preservation and enjoyment of a substantial properry right possessed by other property in the same vicinity and zone, and denied to the proper'ry in question. 7. That the requested variance will be materially detrimental Co the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located, VI-D -1- , ~ ~ NOW, THEREFORE, BE ]T RESOLVED thet the Aneheim City plenning Commission does hereby deny subject Petition for Veriance on the besis af the afocementioned findings. THE FOREGOING RESOLUTION is signed end approved by me this ~ 9th day of June, 1972. ATTEST: Lss~~~~~"i.. ~ SECRETARY ANA}iEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF OFANGE ) ss. CITY OF ANAHEIM ) I, An~ Kl+ebgy; . Secretery of the City Planning Comn :ion of the City of Anaheim, do hereby ceRify thet the Eorw going cesolution was pessed and edopted et a meeting of the Clty Plenning Commission of the City of Anaheim, held on May 31, 1972, et 2:00 o'clock P.M., by the following vote o( the membera theceof: AYES: CdMMISSIONERS: ALLRED, CAUER, HERBST, [:AY`.2UOD, SEYMOUR. NOES: COMMISSIONERS: ~1'~r,G• ABSENT: COfi1MISSIONERS: FARANO, ROWLAND. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of June, 2972. Li~~~rrii'~ - _ SECRETARY ANAHEIM CITY PLANNING COMMISSION .. RESOLUTION N0. pC72-119 V2-D -2-