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PC 77-80RESOLUTION ~i0. PC77-&J A RESOLUTIOt~ OF TIiE ANAHEIM CITY PLANNItJG COMMISSION THAT PETITI011 FOR VARIANCE N0. 29t9 BE DEt~iED UFIEKEAS, the Anaheim City Planni~g Commisslon did receivc a verified Petitfon for Varlance from DALL E. AIID SARAtI ANN fOWLER, 11i30 South Grand Avenue, Santa Ana, Califorrla y2705 (Owners) and JOYCE C. ROBB, 507 East Edgewater, Balboa, Callfornla 92G6Q (Ayent) of certain real property situated in the Clty of Anahetm, County of Orange, S[ate of California, described as: Tha[ portion of Lot 20 In lilock K of the Kraemer Tract, as shown on a Map recordecl In Book 12, pages ~37 and a3 ofi 1liscellaneous Records of Los Angeles County, Lalifornfa, descrfbed as Parcel No. 2 as shown on a Map filed in Book $5, page 47 of Parcel Maps in the Office of the County Recorder of Orange County, Californ(a; and WIIEREAS, [he City Pla~ning Commission dld hold a public hearing at the City flall in thc City of Anahcirn o~ Narch 28, i977, at 1:30 p.m., notlce of said public hearing havi~ig been duly given as required by law and ir. accordance with the provislons of the Anaheim Munl~lpal Code, Chaptcr id.03, [o hear and cons(der evidence for and aga'.nst sald proposed variance and to investiyate and rnake findings a~d recommer~dations in connec[lon tfiercwil[h; and WilE1lEA5, salc! Coinm(ssion, after due inspec[lon, invesiiga[fon and study made by Itself and in its behalf, and after Jue co~sideratlon of all ev(dence and reports offered at sald hearing, does find and de[ermine the followiny facts: l, That the petitloncr proposes the following waiver .`rom the Anaheim Munlclpal Code, io permi[ a rctail sales autlet in the ML (industrial, Limited) Zone: S[CTION 18.61.~20 - Permitted uses. (Re[ail sales not permitted) 2. That the above-mentioned waiver is hereby denied on the basis [hat the petitloner dicl not demonsCrate [hat a hardship would be created if said waiver was not grante~; that the preposed use is not design~d to primarily serve the adjacent indusrrtal conxnunt[y; that the use is appropriate for a commerciai ~one and suitabie sitcs arc avaflable in the City of Anaheim; that the use would potentially generate trafflc of a commerclal nature which Is not compatibie wi[h inJus[rial traffic; that approval of this waiver would break down the (ntegrlty of the industrial community, and zoning on [he subject property and adjacent propertles prohib(ts cortmerclal- retail uses. 3. 7hat t~iere are no exceptlonal or extraordinary ctrcumstances or condf[lons appllcable [o tiie prop~r[y invelved or to Cne inteneleJ use of the property that do no[ apply generaliy to tl~e proper[y or ci~ss of use In the same vlcinity and zone. AESOLUTfON N0. PC77-80 4. That the requested variance is not necessary for the preservation ar~d enjoyment of a subs[antlal property right possessed by other property in the same victnlty and zbne, and denfed to the property (n question. 5, That the reques[eJ variance xill be materially detrimental to the publlc welfare or injurious to the property or lmprovements !n such vicfntty and zone fn whfch the property ls located. 6. That no one ind(cated their presence at saiJ public hearing in opposi[lon; however, one (1) letter was recefved in opposition to the subject petitlon. EtIVIRONMEtIT~L lMPACT FIt~Di~~G: Tha[ [he Director of the Planniny Department has determ ned that the proposed ac[ivity falls within [he definition of Sectio~ 3.01, Class 1, of [he CiCy of Anaheim Guidelines [o [he Requirements for an Environmental Impac[ Report anJ Is, therefore, categorically exempt from the requlrement to file an EIR. t10W, THEREFORE, DE IT RESOLVED that the Anaheim City Planning Commisslon does hereby deny subJec[ Pe[i[ion for Variance on the ba~is nf the aforementfoned findfnys. TIIE FOREGOING RESOLUTION is siyned and approved by me thls 2$th day of March~ 19/7. ,~!~.~v ~~~. ~ IRN N T~A~ ANANEIM CITY PLANNING COMMISSION ATTEST; t/ l.liG `:~GG~QJ ~ SECRE AR , AIJAHE ti C I LAt~N I t~G OhlM I SS IOf~ STATE OF CALIFORNIA ) COUt~TY OF ORANGE ) ss. CITY OF ANANEIt1 ) I, Patrlcla B. Scanlan, Secretary of the Anaheim City Planning Commission~ do hereby ccrtffy tha[ the foreyoiny resotutlon was passed and adopted at a meeting of thc Anaheirn C(ty Planning Correnisslun held on March 28, i977, at 1:30 p.m., by the followiny vote of the members thcreof: AYES: COMM15510tJERS: l;AftllES, DAVt~, H[RBST, KItIG, MORLEY~ TOIAR NOES: COMHISSIONERS: NOt~E ABSEN7: COMMISSIOI~ERS: JOIiNSON 1977. W~TNE55 WHEREOF, I have hereun[o set my hand this 28th day of March, ~ ~ ~ ~~~~ SECRETARY~ ANAHEiM CITY PLANNING COMMISSIOt~ -2- RESOLUTlON N0. PC77-80