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PC 72-58C~ ~ RESOLUTION N0. PC72-58 A Y2ESOLUTION OF TIiE CJTY PLANNING COMMISSION QF THE CITY OF ANAHEIhi THAT PETITJON FOR VARIANCE N0. 2306 gE DENiED WHBREAS, the City Plonning ~ommisaion of the City of Aneheim dId receive n vecified PetiUon for Variance fxom PAliL '1. KNAAK, 1751 S. E. Skyline Drive, Santa Ana, California 92705, Owner; RONA.T.D A. MC LEQD, 9833 Zinnia Street,FOUntain Valley, California 9:708, Agent (PAUL LA JOIE, 9681 Random Drive, Anaheim, California 92804, Co-Agent) of certain zeal property situated in the City of Anaheim, County of Orange, State of California, described as that portion of the Snuthwest quarter of the ~outh- west quarter of Section 8, in Towr.ship 4 South, Range 10 west, in the Ra:lcho San Juan Cajon de Santa P.na, as shown on a map thereof recorded in book 51, page 7, et seq., Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the Southwest corner of said Sect.ion 8 and running thence East 165 feet; thence North parallel to the West line of said Secti.on 8, 194 feet; thenc~r West parallel to the South line of said section, 165 feet; thence South along the West line of said section, 194 feet to the poi~.it of beginning; and WHEREAS, the City Planning Commlaeion did '.~old a public heedng et the City Hall in the City of Anehelm on Ap ri 1 3, 19 72 , et 2:00 o'clock P.M., notlce of said public hearing having been duly given es cequired by law and in accordence wlth the provietons of the Aneheim Munfcipel Code, Chepter 18.66, to hear nnd consider evldence for and egeinst seid proposed varience end to inveatigete ond meke findings and recommendetions in connectlon therewith; end WHEREAS, nrid Commission, efter due inapection, Investlgatlon, end study made by itself and in its behelf, and efter due coneiderotlon of ell evldence and repods oifered at said hearing, does Eind and determine the following fecta: 1. 1'het the petitioner requeats a vedance (rom the Aneheim Municlpel Code 88 follows: a. SECTION 18.40.020 - PermiCted uses required to be indoora. (Applicant proposes the use to be outdoors) ~ b. SECTION 18.40.020 b - Permitted retail uaes. (RecreaYional vehicle sales ~ not permiCted; recreational vehicle and used car sales cenCer proposed) c. SECTION 18.40.070(2-a-3) - Landscaped setback. (3 feet required; 0 feet proposed) 2. Thst the petiCioner proposea L•o utilize an exiaCing service etation to sell new and used auCOmobiles and recreational vehiclea on subject property. 3. That the aize and shape of subject property is inadequate for ehe propo~ed use l-o ellaw for L•he full development of the use in a manner not detrimental to the peace, health, and safety of the citizens of the City of Anaheim. 4. That the petitioner originally requeated permission to sell recreational vehicles, however, upon inapection of the premiaes prior to the initial public hearing, it was determined th&t he was already o~fering used automobiles fo: sale in violation of the Zoning Code. 5. That the Planning Commiseion directed the applicant Co state hia full intent for the usw of thia properCy and have his peti.tion readvertised accordingly, and to suUmit acceptable plsas for consideration. Furthermore, he wae directed to remove the automobilea from the site 10 later than March 24, 1972. 6. That the petitioner aCated on February 23, 1972, thet he would remove l-he automobiles as dicected, and thar he would eubmit plans for the devElopment of the service station aihe on the parcel to the east. 7. :Chst the petitioner has made no effort to submit plans for development of the property, and Ize has given no evidence of good faith to comply wiCh the City's zoning regulatione by re- muJt~.~g the used auComobiles as directed by Yhe Planning Commission. -1- . ~ ~ E. That iiere are no exceptional.or extraordinary circumstances or .~::~ditions applicable to the properl•y involved or to the intended use of the property that do no~ apply generally to the property or class of use in the same vicinlty and zone. 9. That the requested variance is not necessary for the preservat.ion and en~oyment of a substantial property right possessed by other property in the same vicinity and zone, and denied t~ the property in question. 10. That the requested variance wil.l be mate•rially detrimenta! to the public welfare or in- jurious to the property or improvements ~n such vicinity and zone in whi~h thA propercy is located NOW, THEREFORE, BE IT RESOLVED thet the Aneheim City Planntag Commisslon does hereby deny aubject Petition for Varience on the bosis of the e(orementioned findings. THE FOREGOING RESOLUTION is signed end eppioved by me thls 13 th day of Apri 1, 19 72 . ATTEST: 1 , ~~~.f•o /,v'n~P /'1 ~~.~--~ TEMPORARY CHAIRMAN ANAHEIM CITY PLANNING COMh4ISSION Li~/ni!'~ ~~~~7.LG~t/ SECP.ETARY ANATiEiM CITY PLANNIIiG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Ann ~K.reb~-,. Secretery of the City Planning Commission oE the Clty of Anoheim, do hereby certlfy thet the Eore- going resolution was passed and edopted e; a meeting of the City Plonning Commission ofthe City of Aneheim, held on Ap r i 1 3, 19 7 2, et 2:00 o'clock p,M., by the Eollowing vofe oI the membere thereof: AYES: C015MISSIONERS: ALLRED, GAUER, KAYWOOD, AOWLAND NOES: COMM:TSSIONERS: NONE ABSENT: CO!tMISSIONERS: FARANO, HERBST, SEYMOUR. IN WITNESS WHEREOF, I heve he:eunto set my hend this 13th day of Apri 1, 1972. (/I/YLs[~ %~~rZ.l~Gb~ ~ SECRETARY ANAHEIM CITY PLANNING COMNISSION RESOLC'TION N0. PC72-56 V2-U ~' -Z-