PC 76-83U
RESQLUTION N0. PC76-83
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A RESOLUTION OF T11E ANAHEIM CITY PLANNINf, CONHISSIOt~
THAT PE7ITIQH FOR VARIA~~CE N0. 279Q BE DENIED,
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from MR. MYER FEURDERR~ 7.15F W. Lincoln Avenue, Anaheim,
California 92ti01 (Owner) of certain real property situated in the City of Anaheim,
County of Qrange, State of California descrihed as:
The North 320.00 feet of the East 122.00 feet of the ~~ortheast qu~rter of the
t7ortheast quartcr of the Northwest quarter of Section 17, Township 4 South, Range
10 West, in the Rancho Los Coyotes, as shown on a Map recorded in book 51 page 1~
of Hiscellaneous 11aps, in the office of the County Recorder of said County~
EXCEPT Tf1EREFROM the North (.F.O~ feet as descrihed in a deed t~ the StatP of
California, recorded January 15, 1952, in Book 4163, page 5~9, Official Records.
WHEREAS, the City Planning Commission did hold a puhlic hearing at the City
Hall in the City of Anaheim on April 2~, 1976, at i:3~ p.m., notice of said public
hearing having been duly given as required by law and in accordance ~~iit.h tnr.
provisions of the Anaheim Municipal Code, Chapter 13.Q3, to hear and consider
evidence for and against said pr~posed variance and to investigate and mal<e findings
and recammendations in connection therewith; and
WHEREAS, said Commiss?on, after due inspection, investigation and study marie
by itself and in its behalf, and after due consideration of all evidence and reports
effered at said hearing, does find and determine the following facts:
1. That the petitioner proposes the folla~aing araivers from the Anaheim
Municipal Code, to construct a commercial building in the CL (COMMERCtAL. LIMITEp)
and RS-7200 (RESIDENTIAL, SINf,LE-FAMILY) ZONES;
a. SECTION 1$.06.060,022 - Minimum number o~ark!ng spaces. (3~
spaces required; 3 spaces prop~sedT
b. SECTIOt~ 13.26.Q2() - Permitted uses in the RS-7QQ0 2one.
comm~rcial buildings and parking lots
not permitted)
c. SECTION 18.26.Qfi3.020 - Minimum side arJ setback in the RS-77.(1~
2one. 5 eet required; none proposed
2. That lhe above-mentioned waivers are hereby denied on the basis that
the proposal is determined to be a commercial development which would generate
substantial commerctal traffic and noise into the restdentially developed
neighborhood and would, therefore, be incompatible with the surrounding uses to the
south, west, and southeast of subject property.
3. That there are no exceptional or extraordinary circumstances nr
conditions applicable to the property involved or tc the intended use of the property
that do not apply generally to the property or class of use in the same ~~~cinity anci
zone.
4. That the requested variance is not necessary for the preservation and
enJoyment of a substantial property right possessed by other property in thr, same
vicinity and zone, and denied to the property in question.
5. That the sequested variance Mlll be materially detrimental t~ the
public welfare or inJurious to the property or improvements in such vicinity ~nd z~nP
in which the property is located.
6. That one (1) person appeared, representin9 approxtmately fiftr.rn (15)
persons present at said public hearing in oppositton; and no correspondence was
received in opposition to subJect petition.
Et1V I ROt~MEtITAL 111PACT REPORT F I ND I NG:
That the Anaheirn City Planning Commissian r~commends to the City Council of
the City of Anaheim that the request for an EIR Negative Declaration be ~lenir.cl for
RESOLUTIOtJ N0. PC7~-B3
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the subject proJect on the basis that, if developed, said proJect would h~ve an
adverse environmental impact upon the surrounding area tn the south, west~ and
southeast of the subJect property.
NOW~ THEREFORE~ BE IT RESOLVE~ that Che Anaheim City Planning Cummission
does hereby deny subJect Petttion for Variance on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTIQI! is signed and a~proved by me this 2Fth day of
April, 1976.
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CHl11 1!I, ANAHEI!1 CITY PL111•lt~IFlf, C~MMI5510~I
ATTEST:
(_i'G!/l2~~' ~ >/~ Y~~~Gvl'~
SECRETARY, ANAHEIM CITY PLAtIIJI~IG COt1!115510PI
STATE OF CALIFORNIA )
COUdTY OF QRANGE )ss.
CITY OF ANAHE111 )
I, Patricia e. Scanlan, Secretary of the City Planning Commission of the
City of Anaheim~ do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the City Planning Commission of the City of Anaheim~ heid on
AFril 2h, 1~76, at 1:3~ P.m•, hy [lic followin9 v~te of the mer~bers thereof:
AYES: CONMISSIQtlERS: BARhlES, HER6ST, KIPlf,, M~RLF.Y, fAAAPIQ
t~0E5: C011MISSIONERS: tIOP~E
A45EIJT: COMMISSIONERS: JOHNSON, TQLAR
Itl WITI•~ESS WNE'tEOF, I have hereunta ~et my hand this 2~th day of April, 1Q7~
~7G~ti~J~~L~~Q~t/
SECRETARY, ANANEIt4 CI Y LANNING COMH ~TSN
_Z_ RESOUITION ~~0. PC76-83