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PC 72-245.. ~ RESOLUTION NO, PCi2-245 ~ A RESOLUTION OF THE CITY PLANNING COMMISSIQN OF THE CITY OF ANAHEIM THAT PETITION FOR Ve1RIANCE N0. 243~ EE GRANTED WHEREAS, ilie City Planning Commission ot the City oE Anaheim did receive a verified Petition for Varience Erom ARNU H. STU4ALL JR and DOROTHY M, WILEMAN, 1475 Santa Diargarita Drive, Fallbrook, Cali- fornia 9202A, Owners; I'RANCHISE REALTY INTEkSTATE COFPORATION, Attention uf John L. Coons, Vice President, 6922 Hollywood Boulevard, Hollywood, California 90028, Agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Being the West 165 feet of tlie East 340 feet oi the North 2U1 feet of the Northeast quar- ter oi ~he NortheasC quarter of the Northwest quarter of SecLion '14, Township 4 South, Range 11 West, in Rancho Los Coyotes, as shown on a map recorded in book 51, page 11, Miscellaneous Maps, in the uffice oi:' the County Recurder of said County; EkCEPTTNG THE North 66.00 feet thereof ; end R'HEREAS, the Ciky Plenning Commission did hold a public hearing at the City Hall in the City oE Anaheim on SepCemUFr 18, 1972, at 2:00 o'clock P.M., notice oE said puhlic hearing having been duly given as required by law and in accordance with tFe provisions of the Anaheim Municipal Code, Chapter 1$.68,to hearend consider evidence fot end egainst said p:cposed variance and to investigete and make findings and recommendations in connec- tion therewi~h; and I WHEREAS, said Commis:~ion, aEter due inspection, investigation, end study made by itself and in its behalf, and af[er due consideration of ail evidence and reports offered at seid hearing, does find and determine the Eollowing facts: 1. That the petitioner cequests a variance fcom the Anaheim Municipal Code: SLCTION 18.40v070(2-a-1) (RESOlution No. 5453) - Lincoln Avenue special front setback. (35 Eeet required; 13.5 feet proposedl 2. Ti1ae the petitioiier proposes to expand the exi~ting walk-up rest•aurant to a fully enclosed re~taurant. 3, That there are exceptionel or extraordinary circumstences or conditions applicable to the praperty involved or to the intended use of the property that do not apply genewlly to the property or cless of use in the sama vicinity and zone. q, That the requested variance is necessary for the preservation and enjoyment of e substential property tight possessed by other property in the seme vicinity and zone, a~d denied to the propecty in que:~tion. 5, That the requested variance will nat be materially detrimentel to the public welfere or injurious to the pmp- ert~ or improvements in such vicinity and zcne in which the propetty is located. 6. That due to the fact that other Uuildings in the immediate vicinit:y have been permitt~d to encroach into the required front setback, either prior to the establishment of said setback or subsequent, granting this waiver would be allowing the petiti.oner tne same right~ en~oyed by others in the general area. 7, That granLing the requested waiver of the front aetback ahall not be conatrued as having established a Frecedent and every future request shall be considered on its own r~erits. V1-G -1- ~ ~ NON, THEREFORE, BL I'd' RESOLVED that tne A~ieheim City Plenning Commission does hereby grant subject Petition for Variance, upon the following conditions which ere herGby found to be a necessary prerequisite to the pro- posed use of the subject pcoperty in order to preserve tt;e safeh~• and general welfe~e of the Citizens of d:e City of Anaheim: (1) ThaL• subject pzoperty shall be developed substantially in accordance with plans and apecifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, and 4. THE FOREGOING RESOLUTIOld is sigfied end epproved by me this 28th day of ~SaRtember, 1972. CITY ATTEST: ~/l'C/"~~1:lI~'~/ SECRETARY ANAHE~CITY PLANNING COMMISSION STATE OF CALIFORNiA ,l COUNTY OF ORANGc j 8s• CTfY OF ANAHEIM ) , I, Ann Krebs, Secretaiy of the City Plenning Commission of the City of Anehei.m, do heteby certify thet the faregoiag resolution was passed end adopted at e meeting of the City Plenning Commission ofthe City of Anaheim, held on Septembei 18, 1972, at 2:00 o'clock P.M., by the following vote of the members tlieceof: AYES: COMMISSIONERS: ALLRED, FARANO, GAUF.R, HERBST, KAYWOOD, ROWLAND, SEYMOUR. NOES: COMMISSIONERS: NONE. ABSENT: COMMISSIONERS: NONE. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of September, 197~. ~i//Ifi~ ~i~~~'~'w'v ~ SECRETARY ANAHEIM CITY PLANNING COMMISSION RESOI.UTION NQ. PC72-245 V2-G -z- _~