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Resolution-PC 2001-76• RESOLUTION NO. PC2001-76 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2001-04432 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THE EASTERLY 100 FEET OF THE NORTHERLY 232.61 FEET OF THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 2001, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the meetings of May 7 and May 21, 2001; and WHEREA~; said Comrrrission, after due inspection, rnvestigation and-stady-made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does ~nd and determine the following facts: 1. That the petitioner proposes waivers of the following to establish a three-lot RS-7200 zoned single-family residential subdivision: (a) Sections 18.04.020.023 - Minimum lot depth adiacent to an arterial highway. and 18.26.060 (120-foot deep lots required adjacent to Orangewood Avenue; 62.6 feet proposed for Lot No. 1) (b) Section 18.26.061.012 - Minimum lot area. (7,200 square feet per lot required; 4,969, 4,977 and 5.276 square feet proposed) (c) Section 18.26.061.020 - Minimum lot width. (70 feet required; 62.5 feet proposed for Lot Nos. 2 and 3) (d) Section 18.26.065.010 - Orientation of residential structures. (Dwellings required to rear onto arterial highways; Lot No. 1 sides on Orangewood Avenue) 2. That the above-mentioned waivers are hereby denied on the basis that there are no special circumstances applicable to this property because the property is rectangularly-shaped, has a flat topography, and is similar to other surrounding properties also facing Orangewood Avenue. 3. That the petitioner could eliminate most of the waivers by reducing the number of lots from three to finro. CR5110PK.doc -1- PC2001-76 • • 4. That the proposed lots are out of character with the other lots on this block face along Orangewood Avenue. 5. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 6. That the requested waivers are not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That approval of the requested waivers would be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 8. That Reclassification No. 2001-00047 to rezone subject from the RS-A-43,000 "Residential/Agricultural" to the RS-7200 "Residential, Single Family " zone was filed concurrently with this variance and was denied; and that approval of this variance would not comply with the development standards of the RS-A-43,000 zone. 9. That two people spoke in opposition to the proposal at the public hearing; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commissiorr-has reviewed the-proposaf-fQr waivers of minimurti lot depth, minir~um lo~ sEZe, minimum lot width, and required orientation of residential structures to establish a 3-lot RS-7200 zoned single-family residential subdivision on a rectangularly shaped 0.43-acre property having a frontage of 100 feet on the south side of Orangewood Avenue and a maximum depth of 188 feet, being located 100 feet east of the centerline of Della Lane, and fu~ther described as 1628 West Orangewood Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Variance. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 18, 2001. /~ / , CHAIRPERSON, ANAHEIMjClTY~f~~./ANMING COMMISSION ATTEST: ' .~ ~D ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-76 . ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 18, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, VANDERBILT NOES: COMMISSIONERS: NAPOLES ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of , 2001. ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-76