PC 75-135. ~
RESOLUTIuP! N0. PC75-135
A RESOLUTIOW OF THE CITY PLADINING COMHiSS10N OF THE CITY OF ANAHEIM
THAT PETITION ~FOR VARIANCE N~D. 2712 BE DENIED.
'WHEREAS, the City Planning Commission of the Cit~y of Anaheim did receive a
verified Petition for Variance frc>m JOHN LY'LE CANNQN, 9052 Imperial Avenue, Garden
Grove, California 92644 (4wner); MMhE f,LARK DEVE~LD~PMENT, INC., 3303 Harbor Boulevard,
Suite K-11, Costa Mesa, Ca!ifornia 9~'~26 (Rgentl of certain real property situated in
the City of Anaheim, County of Ora~~y~, State of California, descri5ed as:
The South ha1f of the Southeasi ~~a~ter of 2h~e Southwest quarter of Section 13,
Township 4 South, Range 11,West, San Bernardino Meridian, in the city of Anaheim,
according te the officia1 pl~at thereof.
EXCEPT therefrcm, thc We•sterly 336.00 feet thereoF.
ALSO EXCEPT therefrom that portion thereof included w?thin the boundary lines of
Tract No. 2228, as per map recorded in book 69 pages 34 et seq., of Miscellaneous
Maps, in the office of thA county recorder of said county.
ALSO EXCEPT therefrom that porLion thereof lying Easterly of the following
described line:
Beginnin~ at a point in the Southerly line of said South half, distant thereon
South 89 59' 15" West, 160.00 feet from the Southwest corner of the land
described in that certain deed to Ted F. Koblintz and wife, recorded November 3,
1947 in book 159~ page 203 of Official Records of said county; thence parallel
to the Westerly line of said land of Koblitz, North 0° 9' 30" East to the Southerly
l,ine of Tract No. 2223, hereinbefore mentioned in the second Exception, above; and
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on June 23> 1975, at 1:30 p.m., notice of said public
hearing having been d~ly given as required by law and in accordance wikh the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
ev9dence for and against said proposed variance and to investigat•e and make find-
ings and recommenc!aiEons in connection therewith; and
WHEREAS, said Commission, after due inspection, inve5tigation and study made
by itself and in its behalf, and after due consideration of all evidence and
reports offered at said hearing, does find and determine the following facts:
1. That the petitioner requests the following waivers from the Anaheim
Municipal Code, to construct a 25-unit apartment compler..
(a) SECTIOh 18.34.062.012 - Maximum buildinq height.
(b) SECTION 18.34.063.032 - Minimum recreation-leisure area. (5000 syuare
ieet required; 50 square feet proposed
2. That Waiver 1-a, above-mentioned, is determined to be unnecessary since
the adjacent agriculturally zoned property is developed a~ith a church.
3. 'fhat the petitioner stipulated to providing the min~mum ~ecreation-leisure
areas in conformance with the Code requirements and, therefore, Waiver 1-b, above-
mentioned, is withdrawn,
4. That there are no exceptional or extraordinary circumstances ~r 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.
5. That the requested variance is r.ot necessary for the preservation and 'enjoy-
ment of a substantial property right pc;ssessed by other property in the same vicinity
and zone, and denied to the property in ques~inn.
6. That the requested variance will 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.
RESOLUTION N0. PC75-~35
• ~ ~ ~
7. That one (l) person appeared from the audience to inquire concerning the
subject petition; no one tias present in opposition; and no correspondence was
received in opposition to subject petition.
ENVIRONK~NTAL IMPACT REPORT FINDItJG:
That the Planning Commission recommends to the City Council that the subject
project be exempt from the requirement to prepare an environmental impact report
pursuant to the provisions of the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby deny subject Petition for Variance on the basis of the aforementioned
findings.
1975.
THE FOREGOING RESOLUTION is signed and approved by me this 23rd day of June,
~;>~~
CHA1 RFIAtd PRO T[MPORE
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~t,.u~u~~ c~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF GRANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City
of Anaheim, do hereby certify that the foregoing resolution was passed and adopted
at a meeting of the City Planning Commission of the City of Anaheim, held on June 23,
1975, at 1:30 p.m., by the following vote of the members thereof:
AYES: COMMISSIOWERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, FARANO
NOES: COMMi5SI0NERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of June, 1°75.
~ . ~iQ'~-'r.~~cx~
SECRETARY, ANAHEIM CITY PLANNING COMHISSION
-2- RESOLUTION NO. PC75-13'S