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RESOLUTION 67-206 AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND DENYING APPEAL ON VARIANCE 67-88 WHEREAS, after public hearing on notice, the Planning Commission granted a variance in Variance Application No. 67-88 filed by MISSION AMUSEMENT CO., INC. to permit retail sales and exchange of merchandise in the open in a C-2 District at 3700 West McFadden Avenue in the. City of Santa Ana; and WHEREAS, Appeal Application No. 201 was filed by DAVID G. GERHARDT appealing the decision of the Planning Commission and presenting the matter to the City Council; and WHEREAS, the City Council, after hearing on notice, has determined that said Variance meets the requirements of Section 9250.8 of the Santa Ana Municipal code and that the decision of Planning Commission should be affirmed; the NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana hereby affirms the decision of the Planning Commission in granting a Variance on Application No. 67-88, and denies Appeal Application No. 201 filed by David G. Gerhardt; said Variance is granted subject to the following conditions: That the development be according to the approved plot plan except for minor modifications approved by the Planning Department; 2. That the subject property not be open to the public earlier than 8:00 A.M. on Saturday and 9:00 A.M. on Sunday; 3. That no loudspeakers or other forms of telephone receivers be used at any time before, during, or after a "Swap Meet." That a solid fence or wall not less than six (6) feet in height be constructed along the south property line adjacent to the R-1 District, and that the details of the fence be submitted to and approved by the Planning Department. Se That an easement be provided for Harbor Boulevard for a width of 60 feet, center line to property line, for street purposes and vehicular access rights, except at street intersections and approved drives,and to include a 25-foot radius property line spandrel at the southeast corner of Harbor Boulevard and McFadden Avenue; NOTE: Access can be determined and approved prior to dedication. 6. That the selling area originate to the north of the center line drawn east and west of the snack shop. PASSED AND ADOPTED by the City Council of the city of Santa Ana at its regular meeting held on the 4th day of December, 1967. ATTEST: CLERK O~ ~HE COUNCIL -1-