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PC 75-91.. ~ ~ RESOLUTION N0. PC75-91 A RESULUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2695 BE GRANTED, WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Variance from MR. AND MRS. CHARLES J. KINN, 550 South Ohio Street, Anaheim, Califrnrnia 92805 (Owner) of certai~ real property situated in the City of Anaheim,County of Orange, State o~` California, described as: Lot 8 of Tract No. 309>,~in the City of Anaheim, as shown on a map thereof recorded in book 122, pages 24 and 25, Miscellaneous Maps, records of said Orange County: WHEREAS, the City Planning Commission did schedule a public hearing at the City Hall in the City of Anaheim on April 28, 1975, at 1:30 p.m., notice of said public hearing having been duly given zs required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and 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 of all evidence and reports offered at said hearing, does find and determine the following facts: l. TFat the petitioner requests the following waivers from the Araheim Municipal Code to construct a fourplex in the RM-1200 (RESIDENTIAL, MULTIPLE-fAMILY) ZONE: a, SECTION 18.34.063.0?_1 - Minimum sideyard setback for a buildinct wall with a main entrance. (16 feet required; 14 feet 4 inches and ~ feet 4 inches proposed) b. SECTION 18.34.063.022 - Minimum sideyard setback for a buildinq wall with windows. (11 feet required; 9 fzet proposed) c. SECTION 18.34.064.020 - Permitted encroachments i~to required Yards. (Erterior stairway permitted to project into 50°/, of required sideyard; 57% proposed) d, SECTION i8.34.066.012 - Minimum number of parkina spaces. 8 spaces required; 6 spaces proposed) 2, ihat Waivers 1-a, 1-b, 1-c, and 1-d, above-mentioned, are hereby granted on tha basis that said waivers are minimal for the proposed use. 3. That the petitioner stipulated tn installing a cement bumper strip or other suitable means to insure that the vehicle using the open parking space on the west side of the building intrudes only minimally into the pedestrian passageway adjacent to the westerly property line. 4. That there are exceptional or extraordinary circumstances or conditions applicable to the prcperty 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 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. 6. That the requested variance will not be mat•erially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presance at said pubiic hearing in opposition, and no correspondence was raceive~ in opposition to subject petition. RESOLlITION N0. PC75-91 ~ , ~ ~ ~ ENVIRONMENTAL IMPACT REPORT FINDING: That the Director of DeveloprnEnt Services has determined that the proposed activity falis within the definition of Section 3.01, Class 3 of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions 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 welfare of the Citizens of the City of Anaheim: (1) That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60C per front foat along Glencrest Avenue for tree planting purposes. (2) That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. (3) That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. . (4) That subject praperty shall be served by underground utilities. (5) That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. (6) That the owner(s) of subject property shall pay to the City of Anahe~m the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. (7) That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos, l, 2 and 3; provided, Fowever, that a cement burnper strip or other suitable means shall be installed to insure that the vehicle usiny the open parking space on the west side of the building intrudes only minimally into the pedestrian passageway adjacent to the westerly property line, as stipulated to by the petitioner. (8) That Condition No. 1, above-mentioned, shall be complied with prior to the commenceme•.~ of *_he activity authorized under this resolution, or prior to tha time that tF~: building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission and/or City Council may grant. (9) That Condition Nos. 2, 4, 5 and 7, above-mentioned, shall be complied with prior to final building and zoning +nspections. THE FOREGOING RESOLUTION is ~igned and approved by e th' 28th day of April, 1975. AIRIIAN, A IM C Y LANNING COMMISSION ES : _ /~ (~GG~~i~~~~GfilfiG~/1C/ SEGRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OG CALIFORNIA ) COUNTY OF ORANGE )ss. ' ClTY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Conmission 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 April 28, 1975, at 1:30 p,m., by the following vo'ce of the members thereof: AYES: COMMISS!ONERS: GAUEP,, JOHNSON, KING, MORLEY, TOLAR, HERSST NOES: COMP115SIONERS: NONE ABSENT: COMMISSIONERS: FARANO IN HITNESS WHEREOF, I have hereunto set hand this 28th day f April, 1975. ~r~.~ : A~,B ~~.~ ~A~.~ _SECRETARY, ANAHEIM CITY PLANNING COMMISSION -Z- RESOLUTION N0. PC75-91