Loading...
PC 75-200~ ~ 1 ~ ~ . \ ~, R[SOLUTION ~~0. PC75-20~ A RESOLUTIOId OF TFIE LITY PLAt4hJl~lf, COMM(SSIOF! OF THE CITY OF AtlAl1EIM THAT PETITION FOR VARIA~JCE N0. 2737 BE DEtJ1ED. W~~EREAS, the City Pl~nning Commission of the City of Anaheim did re~eive a verified Petition for Variance from MAFTtIA BIRCIIER, 311 North Bircher, Anaheim, California 92°~1 (Owner); MICIiAEL J. CAPITO, 13212 Magnolia, 6-2, Garden Grove, Califor~ia g2644 (Agent) of certain real property situated in the City of Anaheim, County of Oranqe, State of California described as: PARCEL 1: The west 141 feet of the North 70 feet of the South 1232 feet of the Southv~est quarter of the S~uthwest quarter of Section 8, Township 4 South, Range 10 West, San Dernardino Base and Meridian, County of Oran9e, State of California; and WIIEREAS, the City Planning Commission did hold a public hearing at the City Ilall in the City of Anaheim on September 29, 1975, at 1:30 p.m., notice of said public hearin9 hav(ng been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter iSi.O;, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests the following waivers from the Anaheim 1lunicipal Code, to establish retail sales in a converted residence: (a) SECTION 1~.Q6.OF0.~22 - Minimum number of parking spaces. . IQ spaces required; ~ spaces proposed) '(b) SECTIQP! 1$.44.035.010 - Permitted uses. (Retail sales not permitted in a residence converted to commercial use) 2. Th~t Waiver 1-b, above-mentioned, is hereby denied on the basis that the petitioner indicated that no structural changes were prcposed to the existing building which would more properly and professionally identify said building as a commercial structure. 3, That Waiver 1-a, above-mentioned, is hereby denied on the basis that said ~•~aiver would be unnecessary, since Waiver 1-b permitting the use is denied, 4. That the Planning Commission indicated that the existing residences in the arua which have been converted to commercial uses were converted prior to annex'etion to the City of Anaheim and, as such, are presently nonconforming uses and the fommission is not desirous of perpetuating such conversions in the subject area. y, That there are no excepCional or extraordinary circumstances or conditions applicable to the property involved or to the intended use ~f the property that do not apply generally to the ~roperty or class of use in the same vlcinity and zone. 6. That the requested variance is not necessary for the. preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance will be materially detrimental to the public welfare or injurious to the property or imprcvements in such vicinity and zone in which the proper.ty is located. 8. That nc one indicated their presence at said public hearing in opposition; and no correspondence was received in opposition to subject petition. E11V I ROPIIIENTAL I MPACT REPORT F I tdDl NG: That the Dir~ector of the Planning Cepartment has determined that the proposed activity fnlls within the definition of Section 3.01, Class 1, of the City of Anahetm Guideliries to the Requtrements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. RESOLUTION N0. PC75-200 e ~ ~ NOW, THEREFORE. BE !T RESOLVED that the Anaheim City P!anning Commission does hereby deny subject Petitior for Variance on the basis of the aforementioned findings. THE FOREGOIt~G RESOLUTIOPI is signed and approved by me this 24th day of September, 1975• , ,~~~'~~.~ CHAIRMAW, ANAHEIN CITY PLANN Rlf COMMISSION ATTEST: ~~~~~~~~ ~~~~~ SF.CRETARY, AN~HE I M C I TY F'I_AtIPl I NG COMMI SS I Qtd STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AHAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Commissio~ of the City of Anaheim, do hereby certify that the foregofng resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on September 29, 1975, at 1:3~ p.m., by the following vote of the members thereof: AYES: COMM(SSIONERS: BARNES, HFRBST, JOHNSON, KING, FARAIJO NOES: CQM1115SIONERS: NONE ABSEtIT: COMMISSIONERS: MORLEY, TOLAR IP! WITtJESS WHEREOF, I have hereunto set my hand this 2?th day of September, 1975. ~~~~~ Nq~~ ~l~ -2- RESOLUTiON N0. PC75-200