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PC 72-95~ ~ RESOLUTION NO PC72-95 A RESOLUTION OF THE CITY PLANNING COMMISSIOt7 OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2351 BE GRAI1rED IN PART H'HEREAS, the City Planning CommisAion of the City oE Aneheim did ceceive a verified Petition for Verience from MELVIN SCHANTZ, 174.1 West Katella Avenue, Anaheim, California 92804, Owner; H. M. S. AIR CONDITIONING CORPORATION, Post Office Box 1532, Orange, California 92668, Agent of certain real property situated in the City of Anaheim, County of Orange, State of California, des- cribed as that portion of Lol• 8 in Block 8 of the Golden State Tract, as shown on a map re- corded in Book 4, Pages 66 and 67. of Miscellaneous Maps in the office of the County Recorder of said county, described as follows: Beginning at the most wes~.erl~, corner of sai.d loC; thence along the westerly line of said lot, S 15° 58' 25" E, 620.O~i feet to a point in said westerly line distant thereon N 15° 58' 25" W, 40,00 feet from the most southerly corner of said lot; thence N 65~ 05' 25" G, 163.22 feet; thence N 1° 13' 30" E,. 365.00 feet; Chence N 3° 10' 06" W, 252.30 feet to the most easterly corner of Tract No. 5124 as shown on map re- corded in Book 188, Pages 41 and 42, of Miscellaneous Maps in said office, said most easterly corner being in the northerly line of said lot; thence along said northerly line S 74° O1' 43" W, 325.08 feet to the point of beginning IVHEREAS, the Ctty Planning Commiaeion did hold a public headng et the City Hell (n the City of Anehetm on May 15, I972, et 2:00 o'slock P.M., notlce of said publlc hearing having been duly given es requlred by law and in eccordence wlth the provisions o4 the Maheim Municlpel Code, Chapter 18.68, ta hear and consider evidence for end egeinst aeid proposed varience end to invettigete end meke findings end recommendetlons in connection therewith; and . . WHEREAS, ^aid' Commiesion, efter due inepectlon, inveatlgetion, end study made by itself and in its behalf, and after due conetderaUon of all evidence and mports offered at seid headng, doea find and determine the following faMs: . 1. That ~he.petiHoner requesisveriance~ro~ the Anehelm Municlpel Codeas follows: a. SECTION 18.28.050(3) - Minimum floor area. (%00 aquarE feet.required; 644 ' and 672 aquare feR~ proposed) (This waiver no longer ~ necessary) b. SECTION 18.28.050(7-a) - Minimum distance between buildings. (14 feet and 26 feet~required; 8.5 feet"and 14 feet propoaed) c. SECTION 15.28.050(10-d) - Storage area requirements. (100 cubic feet in the carport required; 250 cubic feet next to each unit proposed) 2. :'hat the petitioner proposes to develop a two-atory 9G-unit apartment complex. 3. 'Phat the petitioner withdrew Waiver 1-a, ebove mentioned, upon aubmiasion of revised plans indicating minimum 700 square foot units. 4. That the petitioner stipulated to providing inaulation in both walls and ceiling of the apartment units adjacent to the freeway to sound buffer the freeway noises. 5. Thae the petitioner stipulated to providing double pane windows where windows face the freeway to further aound buffer the freeway noisea. 6. That there are exceptional or extraordinary circumstances or conditions applicable to the property involven or to the inrended use, as granted, of the property that do not apply generally to the property or class of use in the aame vicinity and zone. 7. 'fhat the requested variance, as granted, is necessery for the preser~ation and enjoy- ment of a aubstantial property ri~ht possessed by other property fn the same vicinity and zone, and denied to the property in question. 8. That the requeated varience, as granted, will not be materially detrimental to the public aelfare or injurious to the property or improvementa in euch vicinity and zone in which the property is located. ~'. Thut one person appeared in opposition. Vl~ -1- ~ ~ in part NOW, THEREFORE, BE IT RESOLVED thet the Aneheim City Plenning Commission does heceby grant/su6ject Petition for Veriance, upon the following conditions which are hereby found to be e necessary precequisite to the pm- posed use ot the subject pcoperty in order to preserve the sefety end generel welEare of the Citizens oE the City of Anaheim: •- (1) That this variance is granted eubject to the completion of Reclassification No. 71-72-41, now pending. .~ (2) That subject property shall be developed substantially in acccrdance with plans and specifications on file with the City af Anaheim marked Exhibit Nos. 1, 2, and 3, Revision No. 1, provided, however, that the ceilings and the walls of the apartmenk units adjace«t to the freeway shall be insulated ~nd double pane windows installed in the windows facing the freeway to sound buffer the apartmante from freeway noise; and further provided, that any berm- ing proposed on the freeway right-of-way ahall be subject to the approval of Che State Division of Hi~hways. THE FOREGOING RESOLUTION is si~ed an~ approved by me this 25th day of May, 1972. ATTEST: CHAIRMAN ANAHEIM CITY PLRNNING COMMISSION C.~~ !yY2C~G~/ SECRETARY ANAHEIIN CITY PLANNING COA4fL5SIUN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ea. CTTY OF ANAHEI6I ) I, l+nn Krebs, Secretary of the City Plenning Commission of the City of Aneheim, do hereby certi(y t}~et the focegoing resolution was passed and edopted at a meeting oE the City Plenning Commission nfthe City oE Aneheim, held on May 15, 1972, et 2:00 n'clock P.M., by the following vote oE the members'.:~ereoE: AYES: COMMI~9IONERS: ALLRED, FARANO, GAUER, HERBST, KAYWOOD, SEYMOUR. NOES: COMMISSIONERS: ROWLAND. AB~ENT: COMMISSIONERS: NONE, IN WITNFSS WHEREOF, I have hereunto set my hend this 25th day of May, 1972, RESOLUTION N0. P~:72-95 Li~G//~/!~/ % ~/~/~ SECRETARY ANAHEIM CITY PLANNING COMMISSION V2-G -2-