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PC 73-211: -. ~ ~ •. .-_ RESOLUTION N0. P~~3-2~~ A RESOLUTION OF THE C1TY PLAI~NIIVG COA4MSSSION OF TtYE CITY OF ANAI~IEIM THAT PETITION FOR VARIANCE N0. 2551 BE DENIED 1VHEREAS, the City Planning Commusion of 2he Cityr of Anaheim did xeceive a veriGed Petltion for Variance from JOE L. At~D BARBARA E. LANE, Bar-Du Company, 1720 West La Palma, Suite I Anaheim, Calif- o:'nia 92801, Owners of certain real property situated in the City of Anaheim, Cou~ty of Orange, SCaCe of Cal~fornia described as Thq So~th=_rly 222 feet of Lot 16 of Tract No. ~F703, as shown on a Map thereof, recorded in book 16g, pages 25 ard 26 nf Miscellaneous Maps, Re- cords of said County, lying Southerty of the Northerly 'l43.00 fee: nf said Lot 1~i; and WHEREAS, ihe City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on Sep tembe r 17 , 1973 o at 2:00 o'clock p.m., notice of said public hearing having been duly ~iven as required by law and iii accordance with the provisions of the Maheim hiunicipal Code, Chapter 18.68, to hear and coe~cider evidence for and against said proposed rnriance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, aher @ue inspection, investigation, and study made by itsclf and in its behalf, and aftcr due consideration of all evidence and reports offered at said hearing, does find and determi.:c the following facts: 1. That the petitioner rec~uests a variance trom the Maheim Municipal Code a s fol 1 ows : SECTION 18.52.020 - Permitted uses (Dance hall riot permitted in an M-1 Zone; • dance hall proposed in an M-i Zone). 2. That when the original variance to permit a billiard hall and pizza parlor facility was approved, the Commission expressed concern over the possible problems that could arise which could render the app~oved fa~ility a nuisance to the industrial neigh- bors, and bassd on t~stimony submitted at the public hearing on Variance 2551, the existing billiard hsll and pizza parlor has become an incompatible neighbor as originally a~~icipated. 3. That approval of the proposed use - a dance hall charging fees - would compound the nuisance factor already existing. 4. That the existing use as a bflliae'd hall/pizza establishment granted under Vari2nce No. 1896 could be terminated if subject petition : were approved, thereby leaving only the dance hall which is a highly undesirable use ir the indus'trial area. 5, 'ihat evidence was submitted by the adjoini:~g industrial property ow~ers and lessees that the present use was imcompatible due to the major portion of the buslness in the facility being conducted after working hours of the industries when surrounding properties were un- attended resulting in damage to the buildin9s and the property as well as illegal use of the adjacent industrial parking areas. 6. That no evidence was presented by the petitioner that a hardship wc~uld exist if ~ subject petition were not 9ranted except for:those created by the petitioner In the establish- ment of the existing use which includes dancing permitted under a dinner-dancing place permit granted by the City Council. V1-D DEV-66•E . . . ~ ~ ~ 7. That the City Couc~cil should reconsicar their approval of the dinner dancing place permit at this facili!y because of the nuisance that the existing use is creating, and that it should etther not be renewed or it should be revoked. 8. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to tFe property or class of use in the same vicinity and zone, 9. That the requested variar~ce is not necessary for the preservation and enjoyment of a substa,itia] property right possessed by qther property in the same vicinity and zone, and denfed to the property in question. 10. That the requested variance will be materiaily deYrimental to the public welfare or tnjurious to the property or improverc~ents in such vicinity and zone in~which the property is located. 11. That two persons appeared representing 4 persons presenY in the Council Chamber all in oppositlon; and that a lettar from owners of industrial property adjacent to subject property and a perition signed by foi.tr adjoining tenants or industrial property owners was received also in opposition to the existing and p~oposed use of the property. ENVIRONMEhTAL IMPACT REPORT FINDING: Th~at the Planning Commission, in connection with an Exemption Declaration Status request, finds and determines that the proposal would have no significant environmental impact and, therefore, recommends to the City Council that no Environmental Impact Statement is necessary. NOW, THEREFORE, BE IT RESOLVGD that ~he Anaheim City Planning Commission does hereby deny subject Petition for Variance on the basis of the aforementioned finds. THE FOREGOING RESOLUTION is sig~ed and approved by me this Z7th day of September, 1973. ~~~~.~ CHAIRMAN ANAHEIM ~ITY PLANNING COMM15514N ATTEST: SECR ARL~~ C~PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF ANRHEIM ) I, Ann Krebs, Seeretary of the City Planning Commission of the Citiy of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meetiry of the City Planning Commission of the City of Anaheim, held. on September 17, 1973, at 2:00 o'clock p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: ALLRED, FARANG, GAUER, HERBST, KING, ROWLAND, SEYMOUR. ~OES: COMMISSIONERS; NONE. ABSENT: COMMISSIONERS: NONE. IN WITNESS WHEREOF, I hav~ hereunto set may hand this 27th day of September, 1973. ~~~ ~~Y~~ SECRETARY ANANEI C1TY PLANNfNG COMMfSS10N RESOLUTION N0. PC73-211 -2-