PC 74-123RESQ`:.UT1~N0. PC74-123 ~ _
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A RESOLU'fiON OF THE CITY PLANNINC COMA9ISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 2611 BE GRANTED
\VHEREAS, the City PlSnning Commission of the City of Anaheim did receive a verified Petition for Variance Crom
?HILLIS I. BRANSON, WILFRED DONALD GIBBOhS and MARGAP.ET ELIZABETH SHAFFER, 73582 Catalina
Way, Palm Desert, California 92260,(Ormers), and ARTHL'R CHRISTENSON, 10402 Morada Drive,
Orange, California 92667•;(Agent) of certain real property described as fo.ilows:
'rARCEL 1: The South 1'S feet of Lot 5 and a11 of Lots 6 and 7 of Tract 743, City of Anaheim,
County of Orange, State of California, as per map~~ecorded in book 22, page 10 of
Miscellaneous Maps, records of said Orange County. •
PARCEL 2: The South 35 feet of Lot 4 and the North 35 feet of Lot 5, Tract 743, as per
map recorded in book 22, page 10 of Miscellaneous Maps, records of said Orange Couney.
EXCEPTTNG an undivided one half interest'in and to all oi9.s, gas or minerals although not
excepted from the description in the deed of trust, is excepted from the description ~hereiu,
for the reason that title thereto was not vected in the trustor when said trust 3eed was
Qxecuted and recorded, nor has he since acquired such title.
WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on
,]une 10, I974, at 2:00 o'clock p.m., notice of said p~ablic hearing having been duly given as required by law and
in accordance with the prohaions of the Maheim Municipal Code, Chapter 18.G8,to hearand considerevidence for and againstsaid
proposed variance and to investigate an~i make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its behalf, and after due
consideration oi all evidence and reports offered at said hearing, does find and determine thc following facts:
1.'Thet the'peC~.tiongr"tequeita'the~:,following variances from the Anaheim Municipa3
Code, Co zonstruct~a~~rwelve~unit, three-lot apartment complex:
(a) SECTION 18.28.050(5)(b) - Maximum building height within 150 feet of_tt~e
R-A zone (1-storv required• 2-stories proposed~
(b) SECTION 15.28.050f6)(a)L ~; Minimum building setback adiacent to a primary
`highway, (20 feet required; 17.75 feet proposed)
(c) SECTION 18.28.050(6)(a)4`- Minimu'm building setback adiacent to a local street
(15 feet required; 6.5 feet proposed)
2. That Waiver 1-a, above-mentioned;,is hereby granked on the basis that the Ansheim
GenEraT Plan designates the ad~acent a,-A;Froperty for medium-dc~sity residential uses.
3. Thst Waiver 1-b, above-mentioned, is hereby granted o~i the basis that tne entire
three-lot de~relopment is proposed for construction at the same t;.~e and Che average
structuraY s2tback of the thrr_e lots Would be twenty feet (20').
~~. That Waiver 1-c, above-mention~d, is hereby granted on the basis thai the proposai,
as presented, would not~be detrimental to;Athe commuciity, and that the waiver as grar.ted for
this specific development should noti aet;.a preceAenE.for other properties seeking ar.
encroechment in the minimum required landscaped•setback ad~acent to a local street.
5. That it was determined that approval of't bject v~riance shouS.d be made subject
"o the petitioner requeating termination of Reclass~ation No. 6k-65-78 and Conditional Use
Permit No, 664.
6, That there are exceptioaal or ext.~aordina=y.circumstances or conditions applicable
to the property •lnvolved or to the inteaded':uae'of the property that do not apply genera~ly
to the property or class of use in the same vicinity•and zone.
7. That the requeated variance is necessary for the preservation and enjoyment of a
substantial properCy right possessed by oth~r property in the same vicinity and zone, and
denied to the property in quea,tion.
8. That the requeste~ variance will not be materially detrimental to thepublic weYfare
or in3urious to the prop~rty or improvements in such vicinity and ~one in which Che property
is located.
9. That two (?.) persons were present and one (1) person appeared at said public
hearing in oppositinn to subject petition.
-1- RCSOLUTION N0. PC74-I23
DEV-o6•F.
4..~C~.ONMENTAL IMPACT REPORT ~ING: ~
1
Ihat the Planning Commission recommends ta the CI.ty Council that the subject project be
e::ampt from the requirement to prepare an Environmental Impact Report pursuant to the
provisions of the California Environmen.tal Quality Act.
NOW, THEREFORE, BE IT RESOLVED th.at the Anaheim C~ty Planning Coimnission does hereby
grant subject Petition for Variance, up~on the fol7.owing conditiona which are hereby found
to be a necessary ~rerequisite to the p~roposed use of ehe subject property in order to
preserve ~the safety and general welfare: of the Citizens of the City of Anaheim:
1. That this variance is granteil sub3ect to the petitioner requesting termination
of Reclassification No, 64-65-78 and Cnnditional Use Permit No. 664,
2. That this variance is granted aub~ect to the completion of Reclassification No,
73-74-60, now pending.
3. That subject property shall Ue developed substantiaZly in accordance with plans
and specitications on file with the Cit:y of P_r.ahcim marked Exhibit Nos. 1, 2, 3, 4 anct
5.
THE FOREGOING RESOLUTION is signed and approved by me Chis lOCh day of June 1974.
~,l-~.~ a.c_. CL ~
CHAIRMA ANAHF.IM CITY PLANNING COMMISSIO ~
ATTEST:
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SECRETARY ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF OFANGE ) ss
CITY OF ANAHEIM )
I, Patricia B. Scanlen, Secretary of the City Planr~ing Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meetiag of 'the
City Pianning Commission of the City of Anaheim, held on .Tune 10~ 19'/4, at 2i00 o°clock p,m.,
by the fullowing vote of the members thereof:
AYES: COMMISSIONERS: COMPTON, HERBST, KING, MURLEY, GAUER
NOES: COMMISSIONERS: NONE
AB5ENT: COMMISSIONERS: FP,RANO, JCHNSON
IN WITNESS WHEREOF, I have hereunto set hand this lOth day of June 1974.
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SECRETARY ANAHEIM CITY PLANNING COMMISSION
V2-G -2- RESOLUTION N0. PC74-123