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PC 72-109~ ~ RESOLUTION NO. PC72-109 .'+ RESOLUTS02: Or^ THE CITs PLA.ii:.;:G Cam'MISSION O~ THE CITi OF .'!:i~,Hc.I~7 THAT PETITION FOR VARINNCE N0. 23G6 SE DEDI:ED WHEREAS, the City P1annlne Commission of the Clty of Anahcim dld receive a veriSed Petition for Verience from MARGARETE L. NIQUETTE, 2224 South Spinnaker Street, Anaheim, California 92302, Ovner of certain reai property situated in the City of Anaheim, County of Orange, State of California, described as Those portions of the Southeast one-quarter of the Southeast one,quarter of the Northwest one-quarter of Section 26, Townahip 4~outh, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map thereof recorded in F~^~ 51, Page 10 of Miacellaneous Naps, rec- ords of said Orange County, California, deacribed as follows: Parcel No. 1: The Easterl} 100.00 feet of the Westerly 302.00 feet of the Southerly 160.00 feet thereof. Parcel No. 2: Beqinning at the Northweat corner of the land of Margaret L. Niquette, Westerly along the Westerly prolongation of the North line of the land of Niquette, a distance of 16.68 feet to a point in the Gast line of Spinnaker Street, as shown on a Map of Tract ~do. 3017, recorded in Book 138, Page 15 of Miscellaneous Maps; thence Southeasterly and Scutherly along the Eaet line of said Spinnaker Street to ita point of intersection with the center line of Or.angewood Avenue, as shown on the Map of said Tract No. 3017; thence Eaeterly along said center line to the Southwest corner of the land of Niquette; thence Northerly along the West line of the land of Niquette, 160 feet to the point of beginning; and WHEFtEAS, the City Plonnine Commisalon dld hold a public headng at the City Hall in the City of Annh:ric on May 15, 1972, at 7::f0 o'clock P.M., notice of seid public headng heving becn duly glvm ea requlred by lew md in a~ v~t~ ~e provieione of the Maheim Municlpel Code, Chepter 18.68, to hear end con,sider evldence for end ~Qafnst said proposed varfeace and Zo lnve~tieate end make fFndinge and recommmdetione in connection therew~th; and WHEREAS, ^dd Cammieelon, after due laepection, inveeUgetion, end study made by ltaelf end in its behalf, end after due contider~tioa of all evidence Qnd rcporta offered at eeid hearing, doen Eind end detecmfne the following Eects: 1. Th~t the pedtlona requests a v~dance from the Aneheim Municipal Code as follotas: a. SECTIGN 18.28,050(5-b) - Maximum buildin~ heiRht within 150 feet of einQle- family residential sone. (Two stories proposed; one atory permitted) b. SECTION 18.28,050(6-a-5) Vehicular access requirements. (Access from an alley only required; acceas from x public atreet pzopoaed) 2. That the petitior.er propoaea the conetruction of a tao-story 9-uceit apartment building. 3. Thpt the propased denaity is too intense for the parcel and approval of the vaiver ef the ona story height limitation would be granting a privilege not granted adjoining multiple family residential ownerc. 4. That the petitioner had not submitted substantiating evidence that a hardehip existed to warrant favorable consideration of the waivers requested. 5. That there are no exceptional or extraordinary circumetances or conditiona applicable to the property involved or to the intended use of the property that do not apply geaerally Co t'he property or class of use in the same vicinity and zone. 6. Thet the requeated variance ia not necessary for the preservation and enjoyment of a subotantiel property right posaessed by other property in the same vicinity and zone, and d~!- nied to tl~e property in quesL-ion. 7. That the requeated variance will be materially detrimental to the publlc welfare oi- injurious to the property or improvemente in auch vicinity and zone in which the property L.it located. ' S. Thet two perxons appeared in oppoaition to waiver of the height limitation. Vl-D .1_ ~ :~ ~ ^ . NOW, 'I'HrREFORE, BE 1T RESOLVED thet the Maheim Clfq Plenning Commission does hereby recommend to the City Councll ot the City of Anaheim thet subject Petition Eor Reclasaificetion be denied on the besiu rf the aforementioned findings. THE FOREGOING RE$OLUTION is slgned end epproved by me s 5th day Mey, 1972. ~ CHAIRMAN ANAHEIM CITY PLANNING COMMISSiON ATTEST: ~~t%~Y~/ f~"~/2.l~~/ ,-~ SFCRETARY ANAHEIM CITY PLANNING COMMISSION STAT~: OF CALIFORNIA ) COl7NTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Ann Krebe, Secrctery of the City Plenning ~Commission oE the City of Meheim, do hereby certlfy thaf the foro- going ~esolution waa paseed and adopted at e meeUng of the City Plenning CommIaslon of the City oi Aneheim, held on MPy 15, 1972, at 7:30 ' o'clock P.M., by the [oilawing vote o[ thu members thereof: AYES: COMMISSIONERS: ALLRED, FARANO, GAUER~ HERBST, KAYWOOD, ROWLAND, SEYMOUR. NOES: COMMISSIONERS: NONE, ASSENT: COMMISSIONER5: NONE. IN WITNESS WHEREOF, I have hereunto set my hand this 25th daq of May, 7.972. RESOLUTION NO.PC72-108 R2-D ~~ i~/~~~'~ ~~~~'~"'~ SECRETARY RNAHEIM CITY PLANNING GOMMISSION .7r