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PC 72-85~ RESOLUTIOH N0. PC72-85 ~ A RESULUTION OF TSE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N02352 BE GRANTED IN PART WHEREAS, ti~e City Planning Commission of the City of Aneheim dId ceceive a verified Petition for Varience from GARY V. AND SHARON E. GAISER, 1903 Ridgewood, Orange, California 92665, Owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Lot No. 1 of Tract No. 2177 WHEREAS, the City Plnnning Conmisalon did hold a public headng et the City Hell in the City of Aneheim on riay 1, 1972, et 2:00 o'clock P.M., notice of seid public hearing having been duly given as required by law end ln eccordance wlth the pcovisions of the Annheim Municipel Code, Chepter 18.68, to hear and consider evldence for end egainst said proposed varlance end to inveatigete end meke findings and recommer.dations in connectian thecewith; and WHEREAS, aaid Commisston, efter due inspection, invesUgetion, end study made by itselE end in its behelf, and aEter due mnaideretion of all evidence and reports oifered at seid heering, does find end determine the following facta: 1. Thet the.petiNoner requests e varlea~ce from the Aneheim Municipal Code: as follows: a. SGCTION 18.62.060(a) - SiRns'permitted in the R-1 Zone._ (1 square foot of lighted sign permitted; 10 aquare feet of lighted sign proposed) b. SECTION 18.24.010 - Permitted usea. (Uspa other than single family resi- dential not permitted; a commercial use propoaed in conjunction with the residence use) 2. That the petitioner proposes to eatabliah a yarn shop in conjunction with the resi- dential uae of subject property. 3. That Waiver 1-a, above mentioned, ia hereby denied on the basia that signing as pro- posed would be a commercial intrusion into a residential area. 4. That Wa3.ver 1-b, above mentioned, ia hereby approved for a period of one year for a yarn shop in conjunction with the reaidential use and ahall be reviewed at the end of one year to determine if the uae should be continued. 5. That because the use is considered temporary in nature, the requirement of street dedication may be by conditional dedication and the etreet improvementa may be bonded uatil such time as the City widens Katella Avenue. 6. That there are except•ional or extraordinary circumatances or conditions applicable to the property involved or to the intended use of the property, as granted, that do no[ app).y generally to the property or clasg of use in the same vicinity and zone. 7. That :he requested variance, as gran~ed, is necessa:y for the preservation and en- jopment of a substantial property right possessed by other property in the eame vicinity and zone, and denied to the property in question. 8. That the requested variance, as granted, will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. -1- V1-G ~ ~ ::OW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant in part subject Petition for Variance, upun the following conditions which are herFby found to be a necessary prerequiaite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: (1) That the owners oE subject property ehall conditionally dedicate to the City of Annheim a atrip of land 60 feet in width from the centerline of the street along Katella Ave- nue for street widening purposes conditioned upon the City requiring dedication at the time the street is proposed to be widened. (2) That a11 engineering requirements of the City of Anaheim along Katella Avenue, including preparation of improvement plans and installation of all improvementa, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurhenant ~Tork ahall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer; and that a bond in an amount and form satiafactory to the City of Anaheim shall be posted wLth the City to guarantee the inetallation of the above mentioned requirements. (3) That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2,00 per front foot along Katella Avenue and Tiara Street for street lighting purposea, (4) That the owner(s) of aubject property shall pay to the City of Anaheim the sum of 15 cente per front foot along Katella sn~d Tiara Street for tree planting purposes. (5) That the sidewalks ahall be installed aYong Tiara Street as required by the City Engineer and in accordance with standar.d plans and specificationa on file in the office of the City Engineer; and that a bond ir. an amounL and form satisfactory to the City of Anaheim shall be poeted with the City to guarantee the installation of the above mentioned requirements., (6) That trash atorage areas shall be provided in accordance with approved plar[s on file with the office of the Director of Public Works. (7) That all air conditioning Facilities shall be properly shielded from view and the sound buffered irom adjacent residences. (8) That the existing structure shall be brought up to the minimum standards of the City of Anaheim, incl.uding the Uniform Building, Plumbing, Electrical, Houaing, Mechanical and Fire Codes as adopted by the City of Anahetm. (9) That a 6-foot masonry wall ehall be constructed along the north and east property lines. ($0) That subject property shall be developed aubstantially in accordence with plans and specifications on file with the City of Anaheim maxked Exhibit Nos. 1, 2, 3, 4 and 5 pro- vided, howaver, that signing shall be in accordance with code requirements. (11) That Condition Noa, 1, 2, 3, and 4, above menCioned, shall be complied with prior to the commencement of the activity authorized under thie resolution, or prior to the time that the building permit is issued, or within a period of 180 days, whichever occura first, or such further time as the Planning Commission may grant. (12) That Condition Noe. 5. 6, 7, 8, 9 and 10, above mentioned, shall be complied with prior to final building and zoning inepections. (13) That the use oE subject property ehall be for the purpose of a yarn ahop in con- junction with reaidential uae for a period of one year and that the Planning Commission shall review the petition after sai~l time to determina whether the usc may be continued. THE FOREGOING RESOLUTION is signed and appr d me th llttt day of May, 1972. CHA RMADf'nNAHEIM ITY PLANNING COMMISSION ATTEST: L'~~N/!z/ 3~~2~-•/ SECRETARY ANAHE M CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the City Planing Conm~ission of the City of Anaheim, do hereby certify that the foregcing resolution was passed and adopted at a meeting of the City Planning Cormnission of the City of Anaheim, held on May 1, 1972, aC 2:00 o'clock P.M., by the following vote of the membera thereof: AYES: COMMISSIONERS: ALLRED, FARANO, GAUER, HERBST, SEYMOUR, NOES: COMMISSIONERS: KAYWOOD. ABSENT: CONI~fISSIONERS: ROWLAND. IN WITNESS WHEREOF, I have hereunto set my hand this llth day of May, 1972. SECRET~ HEIM CITY PLANNING COIII~tISSION RESOLUTION NCI, PC72-85 V2-G -2-