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PC 77-111RESOLUTIOt~ N0. PC77-~it A RESOLUTION OF TI1E At~AtlEll1 CITY PLANNING LOHNISSIO~~ 71iAT PETITIOId FOR VARIANCE t~0. 233~ aE GRAIJTED WHEP,EAS, the Anahcim City Planning Commission did receive a verified Petition for Variancc from H0~lARD H. AtJU HCLEtI L. GILI1GRE, 527 t~orth itose Street, Anaheim, California 9'L~S05, owners, and GCP~E AIID DOROTNY Y.ANI~~RD, 311 West Sycamnre Street, Anaheim, California 9Z&05, agent of certain real propcrty situated in the City of Anaheim, Lounty of Oranye, State of California, described as: Lots 1 and 2 in ~lock "A" of Tract t~o. l;o, as sl~own on a N~ap recorded in Book 12, Page E of Miscellaneous Maps, records of said Orange County. EXCEPTII~G TIIEREFR0~1 thc ~lesterly 5.25 feet thereof, as convcyeu to the City of Anaheim, for widening North Los Angeles Street, by deed recorded December 2, 1937, in Dook 919, Page 207, Officiai Records; and WHCREAS, thc City Planniny CorNnission did hold a p~sGlic hearin9 at the City liall in ttie Lity of Anafieim on May 2j, 19%7, at 1:3~~ P.m., notice of said public heariny havin~ been duly given as required by law and in accordance wi[h the provisions of the Anaheim 1lunicipal Code, Chapter i~.03, to hear and consider evidence for and agains[ said propvsed variance and to investigatc and make findings and recommendations in connection [herewi[h; and WHEREAS, said Lommission, after duc inspection, investir,ation and s[udy made by itself and in its belialf, and after due consideration of all ev{dence and reports nffered at saiJ hearing, does find and determine the fotlowing facts: 1. That tl~e pe[itioner proposes the followi~g waiver from the Anaheim Municipal Code to expand an approved au[o repair fatility i~ the CG (COMMERCIAL, GEi~ERAL) ZO!I[: SECTION 1$.45.020 - Pernitted uses. (fiadiator and auto repair work not permitted) 2. 7hat [lic above-mentione~ waiver is hereby granted on the basis ttiat similar uses have been established on similar parcels in [lie arca. 3, That there are exceptional or extraordinary circumstances or cut,ditions applicable ro the propcrty involveJ or to thc intended use of the property that do not apply generally to the property or class of use in the sart~e vlcinity and zone. 4, That the requesteJ variance ls necessary for the preservation and enjoyment of a substantial property riyht possessed by other propert.y in the same vicinity and zone~ and denied [o the properly in question. 5. That the requested variante will not be materially detrfinental to the public welfare or injurious to the proper[y or improvemen[s in such vicinity and zone in which the proper[y is loca[ed. PC77-111 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposi[ion Yo the subject petition. ENVIRONMEt~TAL IMPl1CT FIIJDIIJG: That the Director of the Planning Department has determined that the proposed ac[ivity falls within the definition of Section 3.01, Class 1, of the City of Anahcin Guidelines [o the Requirements for an Environmental Impact Report and is, therefore, categorically exempt from thc requirement [o file an EIR. I~OW, THEREFORC, BE IT RESOLVED that tlie Anaheini Lity Planning Commission does hereby 9rant subject Petition for Variance, upon the foilowing condition which is hereby founJ to be a necessary prereauisite to the proposed use of the subject prnperty in order to prescrve [hc safety and general welfare of ihe Citizens of [hc City of Anaheim: 1, That su6jec[ property sl~all be developed subs[antially in accordance with plans and specifications on flle with the Ci[y of Anaheim marked Exhibit No. 1. 1977. THE f02tG01tlG RESOLUTI01~ is siyned and approved by me this 23rd day of May, '" _1' ~'- 1{AI RMAN PRO TEFtF'ORE ANAiiEI11 CITY PLANt~II~G COMIā€¢II55IOtl ATTES7: ~~~ ~ ~ SECRETARY, hNANEll1 CITY PLAIIIJING C011MISSION STAT'E OF ChLIFORI~IA ) COUNTY OF ORAI~GE ) ss. CITY OF At~AfIEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby cert(fy that the foregoiny resoluticn was passud and adop[ed at a meeting of the Anaheim City Planniny Commission held on May 23, 1977, at 1:30 p.m., by the following vote of the mernbers thereof: AYES: COMIIISSIONEP,S: BARIdES, ~AVID, fiERBST, KIiaG, LINII~ TOLAR NOES: C011MISSIOHLRS: NONE ABSENT: COMMIS510NEfiS: JUfit~SON WITNESS tJI1ERE0F, I have hereunto set itry hand this 23rd day of Nay, 1977. (o ~ ~'-~ ,';, /'KQ~(il.tt~ SECRETARY, I+~:r+~iEiiti CIT LANtIIHG COMMISS ON -2- PC77-111