PC 80-148~ ~
RESOLUTIOtJ '10. PCU''~-l~t~
A(?ESOLUTION OF THE APIAHEIt1 CIT`( PLRP!Nltd~ COHPiISSI0P1
THAT PETITIOtI FOR VARIA~lCF NQ. 315° BE GR.qMTED.
IJNEREAS, the Anaheim City Planning Cormission did receive a verified
petition for Variance from MICHAEL D. BECY.hIEP, AND KATHLEEh~ L. BECK~lEP,, 2755 ~rlest Ball
Road, Anaheim, California 92E04, ovmers and D111•11EL Y.. I;. CHAtI~, 177^ Colonial Avenue,
Anaheim, California 92II04, agent of certain real property situatec~ in the City of
Anaheim, County of Orange, State of California, described as:
The South 197 feet of that portion of the ldes*_ half of the
SoutM•~est quarter of the Southeast quarter of Section 13, tn
Township 4 South, P,ange 11 West, in the City of Anaheim, County of
Orange, State of California, San Bernardtno Fleridian, descrihed as
foll~ws: Deginning at the southeast corner of the said West half;
thence West along the South line of said section, 1~'1 feet; thence
Morth parallel a~ith the East line of said West half, 3~~5 feet to
the tdorth line of the land conveyed to Rolly [i. Doy~;in and wtfe,
by deed recorded Decemher 7_!E, 1~148, in ~oal: 177° oagr_ °1, Official
Records, in the officA of the County Recorder ~f saici County;
thence East along the Plorth line of said land of Boykin and ~•life,
1Q0 feet to the East line of said !•lest half; ther.ce South along
said East line, 3~>5 feet tn the point of heginnina.
WHEREAS, the City Planning Ccxnmission did hold a public hearing at the Civic
Center in the Ci~y of Anaheim on Seotember ~, 1930, at 1:3~ P.m., notice of said
public hearing having been duly given as required hy law and in accordance ~~~ith the
provisions of the Anaheim Municipal Code, Chapter 1~,~3, to hear and consider
evidence for and against said proposed reclassification and to investiaate and make
findings and recommendations in connection there~•~ith; and
blHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evfdence anci reports
offered at said hearing, does find and determine the follo~•!ing facts:
1, That the petitioner proposes a waiver of the followina to construct an
8-unit apartment buitding:
SECTIOtJ 18.3~~.OG2.012 - Maximum structural hei~ht.
one story permitted o-lithin 15~ feet
o RS-A-~3,000 zoning;
two stories proposed beta~een
10 and 1~0 feet)
2. 7hat the above-mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that denial v~ould deorive s~~bJect
property of a~rivilege. enjoyed by other propertY in the same zone and victnity and
on the basis that the adjacent sinGle-family residential ~rop~rties (RS-A-1~3,~~1~) are
designated for medium-densiCy residPntial land uses by the Anaheim General Plan and
will potentially he developed as multiple-familv units, in ~~rhich case the requested
waiver becomes unnecessary.
PCBO-11t$
3. That there are exceptional or extraordinary ctrcumstances or conditions
applicable to the nroperty involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinlty and zone.
~~. ThaC the requested variance is necessary f~r the oreservation and
enjoyment of a substantial prooerty riqht possessed by other property in the same
vicinity and zone, and denied to the property in nuestic~n.
5. That the requested variance ~~ill not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in avhich the property is located,
F. That one person indicated his presence at said public heartng in
opposition; and that one letter ~~as received in opp~sition to the subject petition.
EPdVIRONMENTAL IPIPACT FINpIPJ~: That tlie Anaheim City Planning Commission has
revie~~red the proposal to reclassify subject property from the P,S-A-1~3,00!1
(Residential/Agricultural) Zone to RP±-120p (Residential, Multiple-Family) Zone to
construct an ~-unit apartment building ~•~ith waiver ef maximun structural hel~ht on a
rectangularly-shaped parcel of land consistinG of approximately ~,33 acre, having a
frontage of approximately 100 feet on the north side of Ball Road, havinq a maximum
deptfi of approximately 111+ feet and heing located approximately 5(.5 feet east of the
centerline of Dale Avenue; and does herel.~y a~prove the ~legative Declaration from the
requirement to prepare an environmental impact report on tlie basis that there would
be no significant individual or cumulative adverse envtronmental impact due to the
aporoval of this 6leqative Declaration since the Anaheim General Plan desiqnates the
subject property for ne:~ium-density land uses commensurate i~ith the proposal; that no
sensitive environmental impacts are inv~lved in the oroposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse envir~nmental imracts; and tnat the DlegattvQ Declaration substantiating the
foregoing findings is on filA i~ the City of ~naheir °lartrirg Qeoartment.
P!0!d, T!iEREFORE, BE IT RFSOLI~FD that the Anaheim City Planning Commission
does hereby grant suhject Petition for Variance, upon the folloa,ing condittons which
are hereby found to be a necessarv prerequistte to the proposed use of the subject
property fn order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. ~30-31-8, now oending.
2. That subject property shall be devel~oed suhstantially in accordance
with plans and specifications on file tvith the City of Anaheim marked Exhibit Plos. 1
and 2.
BE IT FURTtIER RFS01_VED that the Anaheim City Planninn Commisslon does hereby
find and determine that adoption of this Resolution is exrressly predicated upon
applicant~s complianee ~~ith each and all of the conditions here-nahove set forth.
Should any such condition, or any ~art thereof, he r!PClared invalirl or unenforceable
by the final judgm~:nt of any court of competent jurisdiction, then this Resolution,
and any approvals herein contatned, shall be deemed null and void.
-2- pCR~'148
t'r,°' .... .
THE FOREGOING P,ESOLUTIO!1 is signed and approved by me this Bth day of
September, 1~FiQ,
ATTEST:
~~.-~~ ~n ~G~
CNA I~4FlP1, At!Ah!E I M C I TY LAMN I PI~ CO~~F11 SS I ON
~~ ~ 7 ti~ ,: .
ECftETARY, ANAHE i?i C I TY PLA~di! 1 MG C0~1H I SS I OM
STATE OF CALIFOR~•IIA )
COUPJTY OF ORAPlG[ ) ss,
CITY OF APlAHEIM )
I. Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that tlie foregning resolution ~~as passed and adopted at a meeting of
the Anaheim City Planning Commission held on September 3, l~~n, by the fo]lowi~g vote
of the members thereof:
AYES: CONMISSIONE!?S: BARPIES~ ROUAS~ BUSHORE~ F4Y~ NERRST~ IUDI~~ TOLAR
NOES: COMMISSIOPJERS: NOME
ABSE~dT: COMMISSIONERS: MONE
IN WITtdESS 4MEREOF, I have hereunto set mv hand tliis Rth day of September,
1980.
~~i~,/ ~ 7 '
SFCRETARY, NANEIPI CITY PLAMPIIMG COMMISS;ON
-3- PCBn-148