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and iuspected the property in the ~mmediate vicinity. Eugene TA~$~auser, 131 W. Wilshire, Fullerton, representing the applicants, stated that the plans had bee~ changed so that the build~n~ would be 35 feet more to the rear of the property, with most of the parking in the front. He cited exceptional circumstances enjoyed in the vicinity~ hardship being apparent in the 600 foot deep lot, 5th Street a main artery still to be developed, frontage insufficient for C 5 development. Mr. Langhauser presented a petitien signed by seven property owners in the area, stating their support of the variance and a letter from Judge Morrison supporting such an institution in the area. The signatures en the petition ware witnessed by Mr. Goeders who was present and testified to witnessing the signatures. The communications ware received and ordered filed on motio~ of Councilman Harvey, seconded by Councilman Schlueter and carried. Mr. Bowie commented that all lots were of the same depth, that owners in the area were entitled to see if this proposal will be contrary to the General Plan. There being no further testim~, the hearing was closed. On motion of Councilman Harvey, seconded by Councilm-~ Schlueter and carried, the City Council upheld the decision of the Planning Commissio~ and instructed the City Attorney to prepare a resolution approv~8 Variance 1850. HEARING - APPEAL Vice Mayor Hubbard opened the hearing on 110 - CO~.~. Appeal Application 110 filed by Walter W. and Matryce H. Cole appealing the exclusion of the service station by the Pl-~ning C~ssien in its approval of Variance Application 1813 to construct a shopping center and service station en R 1 property located en the south side of Fifth Street between Newhope and Mountain View Streets. The Clerk reported that notice of the hearing was given by the Plan~n_m Co, w,~ssion with evidence on file, and that no written communications or objections had been received. Walter Cole, 501 W. 19th Street, appeared in support of his application, dis- playing architect's drawings and photos of property. Dale Heluly, 6TM W. 8th Street, attorney speaking for home owners on Mountain View and Newhope, in opposition, stated that the pla~ was disproportionate to the size of the property. J. B. Edsembauser, ~J~09 W. 5th Street, and Alice Waite, 117 N. Mountain View, spoke in opposition to the appeal. There be~ no further testimony, the hear~ was closed. It was moved by Councilman Harvey, secended by Council- ~a~ Gilmore and carried, that the City Council overrule the decision of the Planning C~m.,~sien and instruct the City Attorney to prepare a resolutic~ approving the service station in Variance 1813, subject to applicable condi- tions. OI~D. NS-695 OBDINANCE NS-695 AMENDING SECTION 3273 OF Ar.?.~v DIRECTION TEE SANTA AHA WJNICIPAL CODE was read by title. It was reaved by Counc~l~-~ Harvey and seconded by Councilman Schlueter, that further reading be waived and Ordinance N~-695 be adopted. On roll call vote: AYES, COUNCII2~EN: NOES, COUNCIIJ4EN: AESE~T, COUNCII~EN: Harvey, Gilmore, Schlueter, Hubbard None Hall ORD. N8-693 A.A. ~70 ORDINANCE 1{8-693 AMENDING ARTICLE IX OF '.~'~.~ SANTA ANA MUNICIPAL CODE TO CHANGE DISTRICT CLASSIFICATI0~{ (~{ AMENDMENT APPLICATION NO. }$70 AND AMENDING SECTIONAL CIT~ COUNCIL - 2~9 - November 18, 1963