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PC 80-81RESOLUTIO~! N0. PC "u0-IIt RESOLUTION OF THE A~!/1Hc1~1 CITY PLANhII~!G COMPIISSIOPJ THAT PETITIOPJ FOR VARIANCE N0. 3149 BE GR.4~ITED WHEREAS, the Anahelm City Planniny Commission did recetve a verified Petitton for Variance from MELVI~d D. AND ALMA ;tUTH HIL~FPIFELD, 17.~ East Broadway, Anaheim, California g28~5, oo-mers, and JOFiN F. S~:/IMT, 707 West North Street, Anaheim, Californ~a 92805, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California describeci as: Lots 10 and 11 of Konig Subdivision, as per map recorded in Book 6 Page 20 of Miscellaneous Maps, records in the office of the county recorder of said county. WHEREAS, the City Planning Commission did Hall in the City of Anaheim on May 1~, 1930, at 1:30 hearing having been duly given as required hy provisions of the Anaheim Municipal Code, Chapter evidence for and against said proposed variance and and recommendations in connection there~•~ith; and iold a public hearing at the City p.m., notice of said public law and in accordance with the 1~.~3, to hear and consider to investigate and make findings WFIEREAS, said Commission., after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence ard reports offered at said hearing, does find and determine the folio~ving facts: 1. That the petitioner proposes :•raivers of the follo4ring to expand an existing mortuary: SECTION 1fi.44.063.p40 - Minimum landsca ed sett,ac{:. (ln eet required aiong the south property line; none proposed) SECTION 18.44.068 - Required site screeninct, (6-foot high masonry ~•rall required along the south prooerty iine; none proposed, 2. That the requested variance is hereby granted for development of subject property in substantial accordance with precise plans identiffed as Exhibit Nos. 1 through 5, for a proposed 2,200 square foot pari<ing garage adjacent to the south property line, for an extsting residence along the south property line which will remain, a~d for removal of existing buildings on the north property line. Any modifications to said precise plans shall he revie~~ed and approved hy the Planning Commission. 3. That the re-uested ~aaivers (a) and (b) are her•ehy granted on the basis of tfie limited size of subject property; a~aiver (b) being granted subject to the petittoner~s stiputation that the existing residentiai structure shall be retained for residential purposes and if the property is tn be developed for uses other than those proposed, the required site screening shall be proviued, PC30-81 3. That there are exceptional or extraordinary circumstances or conditions applicablc to the property involved or to the intended use of the property that r~o not apply generally to the property or class of use in the same vicinity and zone. <<. 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. 5. That the requested variance a~ill not be materially detrimental to the public wel`are or inj~:rious to the property or improvements in such vicinity and zone in which the property is iocated. G. That one interested person indicated his presence at said public hearing; and that no correspondence ti~:as received in opposition to the subject petition. EPlVIRONMENTAL IMPACT FIPIDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassi y subject propercy from the RM-1200 MULTIPLE-FA!11LY) ZOtJE to the CL (RESIDEPITIAL, mortuary with araivers of minimum landscapedRsetbackia'ndEDequOr'edts(tePscreentngion'na fronta9e,of,a shaped parcel of hland consisting of appror.imatc~y 0.35 acre having a 9 pproximaLely 100 fee. or the west side of Claudina Street, having a maximum depth of approximately 154 feet and being locate~ approximately 1$0 feet south of the centerline of Broad~•~ay; and does hereby approve the Negative Declaration from the requtrement to prepare an environmental impact report on the basis that there 4rould be no significant i~dividual or cumulative adverse anvironmental impact due to the approval of this Negative Declaration since the Anaheim Genera; Plan designates the suhject property for medium-~enstty residential land uses commensurate a~ith tfie proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petiti~ner indicates no signiffcant indivi~uai or cumuiative adverse environmental impacts; and that the Negative Ueclaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. PlOIJ, TNEREFORE, BE IT RESOLVED that the Anahetm City Planning Commtssion does hereby grant subject Petition for Variance, upon *_he folloi~iing conditions tvhich are hereby found to be a necessary prerequisite to the pro~osed use of the subject property in order to preserve the safety and general ~•~elfare of the Citizens of the City of Anaheim: 1. That this Variance is granted subject to the comp)etion of Reclassification No. 7g-3p-36, r~ow pending. 2. That subject property shall be developed precisely in accordance wiY.h plans and specifications on file ~,~ith the City af Anaheim marked Exhibit ~los. 1 through 5. BE IT FURThIER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resotution is expressly predicated upon app)icant'~ compllance ~~tF~ each and all of the conclitions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforcea6le by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deened null and void. -2- PCBO-81 ~;:~e _ _ 1980. THE FOREGOI~JG RESOLUTIOH is signed and approve~l by me this 1°th day of May, ~~ ~~~ ~ ~ ~_ ~ CHAIP,410,tAPl, APlAHEIM CIT PLA~JhJIP!~ ~+MISSIQPI ATTEST: lo ~4. ,~ • lY~il.t~ SECRETARY, ANAtIE I M C I TY PLAPlN I IJG COHM I SS I t?'•I STATE OF CALIFORWIA ) COUNTY OF OP,ANGF ) ss. C ITY OF AMAHE (~•1 ) I, Edith L. Harris, Secretary of the Anaheir~ City Pianninct Commission, ~lo hereby certlfy that the foregoing resolution oras passed and adopted at a mePting of the Anaheim City Planning Commission held on Nay 1~, 1~~?~l, by the folloaiing vote of the members thereof: AYES: COPIMISSIOMERS: 4ARPlES, DAVID, FRY, HE2~ST, Y.I!If,, T(1LAR N0~_5: COMMISSIO~JERS: NONE A3SE~1T: COPiM15510~1ERS: PI~JME ABSTAItI: COMMISSIOtIERS: E3USHOR[ IPI l•IITNESS WFIEREOF, 1 have hereunto set my hand this 19th day of May, 19~'0. `G~ .~ • ~~ SECRETARY, ANAHEI~I CITY PLANiJI!lG COMPIISSION -3- PC8~-81