PC 76-50~ ~
RESOLUTIOIJ N0. PC7fi-5!l
A RESOLUTIOtJ OF TI1E CITY PLAtJIJitJr, COt•1t1ISSI0t4 OF THE CITY OF AtJAHEI!•1
THAT PETITION FOR VARIANCE N(1. 27~0 BE DENIED.
1~lfIEREAS, the City Planning Commission of the City of Anaheim did receive a
verified PetiLion for Variance from J. WILLIAt~1 BIRDSALL, 2427 E. Lincoln Avenue,
Anaheir~, Caiifornia 92306 (Owner); B0a MALLEWDER, 1959 E. Lincoln Avenue, Anaheim,
California 9280G (Agent) of certain real property situated in the City of Anahe9m,
County of Orange, State of California described as:
Lot No. 33 of Tract No. 2h90, in the City of Anahe9m, as shown in Book 7°, paqes
45 & 46, Miscellaneous 14aps, records of Oranqe County.
WIIEREAS, the City Planning Commission did hold a nublic hearing at the Citv
Hall in the Cit.y of Anaheim on ~4arch 15, 1976, et 1:30 p.m.. notice of said ~ublic
hearing having been duly given as required by lavi and~in accordance with the
orovisions of the Anaheim hlunicipal Code, Chaoter 18.G3, to hear and consider
evidence for and against said proposed variance and to investigatp and make findinqs
and recommendations in connection therewith; and
l~lIIEREAS, said Corm~ission, after due insnection, investigation and study made
by itself and in its behalf, and after due cons9deration of a11 evidence and renorts
offered at said hearing, does find and c~etermine the follov~ing facts:
1. That the netitioner requests the followin~ waivers from the Anaheim
Municipal Code, to permit an uniawfully established print9ng shon in a sinqle-family
residence:
a. SECTION 18.06.060.011 - 1•linimum number of oarkina soaces.
spaces requ red; 1 space existin~)
b. SECTIOf~ 18.06.060.011 - Re uired ara e saaces. (7_ spaces
requ re ; none ex st ng)
c. SECTION 18.26.020 - Permitted uses. (print,ing shops n~t
pewrr tte
d. SECTIO~d 1ti.26.063.030 - ~requmredre~r5YaeetSexbS~kn~;10 feet
2. That the above-mentioned waivers are hereby denied on the basis that
the proposed use would create deleterious effects on the surrounding sin~le-family
residential neighborhood by increasing noise levels~ and would further set an
undesirable precedent for future similar commercial uses in the area.
3. That there are no exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the nroperty
that do not apply generally to the pronerty or class of use in the same vicin9tv and
zone.
4. That the requested variance is not necessary for the preservation and
enjoyment of a substantial property right aossessed by other nronertY in the same
vicinity and zone, and denied to the pronerty in questiono
5. That the requested variance will be materially detrimental to tlie
vublic welfare ar injurious to the property or improvements in such vicinitv an~ zone
in which the property 9s located.
6. That four (4) persons appeared at said nublic hearinq in onnosition;
one (1) person appeared in favor; one(1) letter was received in onnosition; and one
(1) l~tter was received in favor of the sub3ect petition.
EGVIROtIMENTAL ItdPACT REPORT FIWDING:
That the Director of the Plenning Department has determined that the
proposed activity falls within the definition of Section 3.01, Class 1 of the City of
Anaheim Guidelines to the Requirements for an Environmental Imoact Report and is,
therefore, categorically exempt from tlie requirement to file an EIR. .
RESOLUTIOtd N0. PC76-5b
~ ~
~~041, TIiEREFORE, DE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Variance on the basis of the aforementinned
findin9s.
TfiE fOREGOIWG RESOLUTIOP! is signed and apPraved b,y me this 15th dav of
March, 197G.
ATTEST:
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STATE OF CALIFORKIA
COUI~TY OF ORANGE ss.
CITY OF ANAHEIM
.
I, Patricia B. Scanlan, Secretary of the Cit,y Planning Commission of tlie
City of Anaheim, do hereby certify that the foregoing resolutien was passed and
adooted at a meeting of the City Fianning Corrnnission of the City of Anaheim. held on
March 15, 1976, at 1:3~ p.m., by the following vote of the members thereof:
AYES: COMI4ISSIOI~ERS: dARWES, HERBST, JOHWSON, KIWG, MORLEY, TOLAR~ FARANO
NOES: COPiMISSIONERS: NONE
ABSEtJT: COMMISSIONERS: NOIJE
IN tJITNESS IJIiEREOF, I have hereuntn set my hand this 15th day of ~4arch,
1976.
C~~r~a~~ • ~
C , f~ H PIN IJ 4~ ISSI tV
_Z_ RESOLUTIOM N0. PC76-50