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PC 69-161RESOLUI'ION N0. PCo9-161 A P.ESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2106 gg APPROVED WHEREAS, the City Plenning Commission of the City of Aneheim did receive a verified Petition for Varience from EDWARD J. A1ARTIN, 903 South Agate, Anaheim, California 92804, Owner; JAMFS F?CJDGES, 903 SoutF; Agate, Anaheim, California 92804, Agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Parcel 1: Lot 1? in Tract ~ioo 787 as per map recorded ir, book 24, Page 9 of Miscellaneous Maps in the office of the Recorder of said County. Parcel 2: That portion of Lot 1 in Block A of Tract lJo. 787, as shown on map recorded in book ?_4, paae 9 of hiiscellaneous Maps in the office of the Recorder of said County, lying between the Westerly extensions of the North and South lines of Lot 12 in said Tract 787. WHEREt1S, the ~ity Planning Commieaion dtd hold a public hearing et the City Hell in the City of Anaheim on July 28~ 1969~ at ?:QO o'clock P.M., notice of soid public hearing heving been duly given es required by law end in acoordence withthe provisions of the Anaheim Municipal Code, Chapter 18.68, to hear and consider evidence for end egainst satd proposed varience and to investigate end meke findinge ~nnd recommendetions in connection therewith; and WHEREAS, said Commission, efter due inspectioe, investigotion, end study made by itself and in its behelf, and efter due eonsidetotion of all evidrnce and reporte offered at seid heering, does find and determine the following fecls: 1. Thet the petitionet requests e variance Crom the Aneheim Municipel Code as follows~ to establish a 26-unit apartment complex on subject property: a. SECTION 18.28.050~6-b-3-c) - Lucati.on of accessorv buildinas. (Accessory buildings abutting side property lines in the reai• 25% of the property permitted; abutting property line along entire property line proposed) b. SECTION 18.28.050(7-a) - Mi_nimum distance bPtween main buildinp and car~. (23 feet req~iredf 81 feet proposed). c. SECTION 18.'t8.050t9-b) - Livina units within 200 feet of a standar~z street. (Living units within 2G0 feet oi a standard street required; four units up to 255 feet from a standard street proposed). 2. I'hat there are exceptional or extraordinary circumstances or conditi.ons apF~,cable to the property involved or to the intended use of the property that do not apply gene:ally to the property or class of use in the same vicinity and zone. 3. That the requested variance is necessary for the preservation and enjoyrnent of a substantial property right possessed by other property in the same vicinity and zane, and denied to the property in questi.on. 4. That the requested variance wili not be mateiially detrimenl:al to the pub;ic welfare or injurious to the property or imprvvemer,+., in such vi..inity and zone in which the property is located. ~. .;.,, RESOLUTION NO PCo9-161 A RESOLUTION OF THE CITY PI.ANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FGR VARIANCE N0. 2106 BE APFkOVED WHEREAS, the City Plenning Commiseion oE the City of Aneheim did receive a verified Petition for Verience from EDWARD J. MARTIN, 903 South Agate, Anaheim, California 92804, axner; JAMES f-~DGES, 903 South Agate, Anaheim, California 92804, Agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Farcel 1: Lot 1? in Tract No, 787 as per map recorded in book 24, Page 9 of Miscellaneous Maps in the office of the Recorder of said County. Parcel 2: That portion of Lot 1 in Block A of Tract No. 787, as shown on map recorded in book 24, page 9 of Miscellaneous Maps in the office of the Recorder of said County, lying betu~een the Westerly extensions of the North and South lin~s of Lot 12 in said Tract 787. WHEREAS, the City Planning Commisnlon did hold e public hearing et the City Hell in the City of Aneheim on July 28, 1969, et 2:00 o'clock P.M., notice of seid public hearing heving been duly given es required by lew and in axordence aith ffie provisions of the Maheim Municipel Code, Chepter 18.68, to hear and consider evidence for artd egeinst seid proposed variartce and to inveatiQete end meke findings end recommendetions in connection therewith; end WHEREAS, said Commission, efter due inFpection, investigetion, end study made by itsel[ and In its behel(, and efter due considaotion of all evidence and reports otfered at seid hearing, does find and determine the following fects: 1. Thet the peUtion~r requests e veriance from the Aneheim Municipel Code as follow5~ to e5tablish a 26-unit apartment complex on subject property: a. SECfION 18.28.050~6-b-3-c) - Lo~ation of accessorv buildinas. (Accessory buildings abutting side property lines in the rear 25% of the property permitted; abutting property line along entire property line proposed) b. SEC1'ION 18.28.050(7-a) - M'ni u, di t n. b n m in bui din nd carports. 23 feet required; B1 feei: proposed). c. SECTION 18.2 .050 -b) - Livina units within 200 feet of a standard street. (Living units within 2C0 feet of a standard si:reet required; four units up ±o 255 feet from a standard street proposed). 2. That tfiere are exceptional or extraordinary circumstances or conoitions applicable to the property involved or to the intended use of the property that do not apply gene:ally to the propert;y or class of use in the same vicinity and zone. 3. That the requested variance is 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. 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improveraents in such vicinity and znne in which the propei•ty is located. ....-'~, I. i~ 5. That ~vaivers 1-a 8 1-c, above mentione~i, may he con:.i~:~-r~=;; ±~.~ c~u.~r,r~l in nature based on recently proposed amendments to the site devElopmant =tandards of f:he w~~ltiple- family zones, which the Commission has recomir.endea aooption of to the ^ity Counr.il. 6. That the petitioner stip~lated to m~intaining t`:e turn-arrn.;nd area cou~pletely free of any structures or obstructions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the follo~ving conditior.s which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general v~elfare of the Citizens of ttie City of Anahein~. 1. 1'hat this variance is granted subject to the completion of Reclassification No. 63-64-62. 2. That a 6-foot masonry wall shall be constructed along the west property line. 3. That subject development shall be served by underground utilities, 4. That a~Yair-conditioning facilities proposed shall be properly shielded frorn view, and the sound shall be buffered from adjacent residential homes. 5. 7hat Condition Pvos. 1, 2, 3, and 4, above mentioned, shall be complied with prior to final building and zoning inspections. 6. That the owner(s1 of subject property sht:ll pay to the City of Anaheim park and recreation fees of $75 per dwelling unit as required by City Council Re=olution, which shall be used for park and recreation purposes, said amoiant to be paid at the time the B~ilding Permit is issued. 7. That subject property shall be developed substantaially in accordance with plar.s and specifications on file with the City of Anaheim, marked Exnibit t~os. 1 and 2. 8. That the 54-foot diameter turn aroun.~ area shall be completely free of any structures or obstructions, in order to pzovide for adequate access to the rear apartments by fire equipment, as stipulated to by the petitioner. ~ I THE FOREGOING RESOLUTIOtd is signed and apprOVed.by me this 7th ~~ay of uaust, 1969. I \ ~ ~'~ ~ ~~ / ~ ~ . IiAIRMAN AI:AF:EIM CII'Y PLAtJNING COMMISS]ON ATTEST: i //7%L2-L~ ~~f. C~ SECRETARY ANANE M CITY PLANNING CAMMISSiON STATE OF CALIFORNIA ) OOUPI'fY UF ORMJGE ) ~s. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheini, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, hPld on July 7_S, 1969, at 2:00 o'clock P.M., by the following vote of the members tl~er~of: AY~: COMMISSIOPlERS: Camp, Farano, Gauer, Herbst, Thom, Rowland NO£S: COMM,ISSIOtdERS: Nonz ABSfWT: COhiMISSIO(JL'RS: Allred IN WITNFSS WHEREOF, I have hereunto set my hand this 7th day of August, ]969. 7 R~\ I ~ ~ RESOLUTlON N0. I61 ~~ * V2G .~x L L. ~..L."7.L.~ ~~~ r,F.~. SECRETARY ANAIIEIM CITY PLANNING CON~MISSIOi•1 -2- -- ..~.