PC 76-49~ ~
RESOLUTIOP~ N0. PC76-h9
RESOLUTIOtd OF 7FIE CITY PLANNING COt4~tIS5I0t~ OF THE CITY OF ANAHEI!•1
TfIAT PETITIOtI FOR VARIAPJCE. ~d0. 278II BE DENIED.
Wf~EREAS, the City Planning Commission of the Cit~ of Anaheim did receive a
verified Petition for Variance from EVERETT H. & ELh1A t4. ~•1ILLER, 7.70 Roycroft, Lon~
Beach, California 90803 (Owner); SHELL OIL CO., Attn: J. B. Holland, 1136 P1.
Brookhurst Street, Anaheim, California 92803 (Anent) of certa.9n real pronerty
situated in the City of Anaheim, County of Orange, State of Cal9fornia described as:
TfiE SOUTH 2O0.00 F[ET OF THE IdEST 200.00 FEET OF TfIE SOUTNWEST QUARTER OF TIiE
SOUTNWEST QUARTER OF SECTIOiI 17, TOWtdSHIP ~4 SOUTH, RAN6E 1Q 4lEST, IN THE RIINCNQ
LOS COYOTES, CITY OF ANAFIEIM, COUWTY OF ORAtIGE, STATE OF CALIFORNIA, AS SAID
SECTIOP~ IS INDICATED OiJ A t1AP REC~RDED IN 600K 51 PAGE 10 OF MISCELLAIJEOUS M11P5,
II! Tf~E OFFICE OF TfIE COUNTY RECORDER OF SAIU COUtdTY.
WIIEREAS, the City rlanning Corirrission did hold a public hearing at the City
Hall in the City of Anaheim on t~larch 15, 1976, at 1:30 p.m., notice of said public
hearing having been duly given ~s required by law and in accordance v!ith the
provisions of the Anaheim t•lunici~al Code, Chaoter 13.03, to hear and consider
evidence for and against said proposed M~a~~iance and to investi9ate and make findings
and recommendations in connection there~~~ith; and
IJHEREAS, said Commissio~, after du~ inspection, invest9gation and study made
by itself and in its behalf, and after due coiisideration of all evidence and reports
offered at said hearing, does r'ind and determine the follo~•iing facts:
1. That the petitioner requests the following waiver from the Anaheim
Municipal Code, to permit an unlawfully es•tablished photo-kiosk on a serv~cr station
site:
SECTIOiJ I8.E7.021 - Permitted uses. (Photo-kiosk no± nermitted)
2. That the above-mentioned waiver is hereby denied on the basis that the
processing of film and the sale of film and photograohic supplies in addition to the
service station use of the property constitutes two primary uses on a service station
site and would set an undesirabl.e precedent fur future similar requests, if granted.
3. That there are no exceptional or extraordinar~ circumstances or
conditions applicable to the property involved or to tlie intended use of the nroperty
tliat d~ not apply generally to the oroperty or class of use in the same vicinity an1
zone.
4. That the requested variance is not necessarY for tlie oreservation and
enjoyment of a substantial property rinht possessed by other pronerty in the s,:me
vicinity and zone, and denied to the prooerty in question.
5. That the requested variance will be materially detrimental to tlie
public welfare or injurious to the property or imorovements in such vicinity and zone
in which the property is located.
6. That no one indicated their presence at said public hearin~ in
op~osition; and no correspondence ~aas received in o~position to subject netition.
EI'IVIROiI!+IEi~TAL IIdPACT REPORT FI~~DIIJG:
That the Dir•ector of the Planning Department has determined that the
proposed activity falls within the definition of Sectiion 3.01, Class 1 of the City
of Anaheim Guidelines to the Requirements for an Environmental Impact Reoort and is,
therefore, categorically exempt from the requirement to file an EIP,.
IIOI•!, TNEREFORE, BE IT RESOLVED that the Anaheim City Plannin~ Cor~mission
does hereby deny sub~ect Petition for Variance on the basis of the aforementioned
findings.
RESOLUTION N0. PC76-49
,• ~ ~
,'', ~
TIIE FOREGOING RESOLUTIO!7 is signed ard aoproved by me this 15th day of
Itarch, 19?6.
`~~d ~~.~*~
CH1~1AP~ ANAHEI~4 CITY PL NPlII;G COM'tISSIOPJ
Al'TEST:
~~r~,a~ ~ ~~~c~
SECRETARY, AW HEI ~1 CITY PLANfJIMG COPi:'dISSION
STATE OF CALIFORP~IA ;
COUPITY OF ORAtJGE )ss.
CITY OF ANAHEIh1 )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the
City af Anaheim, do hereby certify tiiat the foregoing resolution was passed and
adopted at a meeting of the City Pianning Cormnission of the City of Anaheim, held on
~~tarch 15, 1376, at 1:30 p.m.9 by the following vote of the members thereof:
AYES: CONt~1ISSI0WERS: BARNES, HERBST, JOIIWSOt~, TOLAR, FARANO
i~OES: COP•1h1ISSI0WERS: KIPIr,, t~tORLEY
ABSE~~T: C0~4t~lISSIONERS~ NOt~E
197G.
Ii~ 41ITtVESS YlHEREOF, I have hereunto set my hand this 15th day of t~larch,
~
~~1~~.~~.o
SECRE R, (~ IIE M GI~'Y PLATlNING COMt1ISSI0(!
_2_ RESOLUTION N0. PC76-49