PC 81-174RESOLUTiON rJO, PC;1-17~F
A RESOLUT!0!; OF THE /1NAHE1`t CITY PL~,W~I!'!G COHHISSI01;
TI1AT P[TITI01! FOR VARIAhli.F t!!1. 37.37_ [3E GRAtITFO
WHFREFlS, the F,naheim City Planning Commission did receive a verified
Petition for Variance from LYh~ld K, KELL[Y AhID HELFPI F, Y.ELL[Y, 1~1~ Coronet, Space
107, Anaheim, California 52;i01, ormers, and 1~lAR~Ei~J DEVELnP~fE~lT (I;en Idarren) 41+1~-6
North iJev~port Boul~vard, Ne~~porr Beach, California 926~3, agent, of certain real
property situat>_d in the City of Anaheim, County of Orange, State of California
described as:
Lot 15 in Tract 796, in the City of Anaheim, as per map recorded
in E3ook 2~F, Pages 2& of Miscellaneous Maps, in the office ~f the
County Reccrder of said Caunty. Except the Southerly 3~,5 feet
and the tidest ,'_~ Peet thereof.
WHERFAS, the City Planning Comr~ission did hold a puhllc hearinp at the Civic
Center in the City of Anaheim on August 1~, 1~81, at 1:3~ p,m., notice of said public
hearing having been duly given as required hy lao-~ and in accc~rdance with the
provisions of the Anaheim Mu~icipal Code, Chapter 13,~~, to hear and consider
evidence for and against said proposed variance and t~ in~~esttgate and mar:e `~ncfings
and recommendations in connection there~•iith; and
lJhiERE.4S, said Commission; aftPr due inspection, investigation an~1 study made
by itself and in Its behalf, and ~fter due cnnsideration of ail evidence and reports
offered at said hearing, does f(nd and determine the follo~,~inn facts:
1. That the petitioner requests ~;aivers of the follo~.oing to estahlish an
u-lot, 7-unit condominium suhdivision:
(~1 SFCTlnri ~a ~i ,~~
~~~ - ~i:GcJil"eu IOL fi'Ont~g~.
frontage on public strFet or alley required;
private street r;ntage pronosed,
(B) SECTIO~! 13.31,OG3.024 - tlinimum landscaped sethacEr.
20 feet required a~ljacent to
single-famlly residential zoning;
10 feet proposed)
2. That the above-r~entioned ~•~aivers are herehy granted on the basis of the
si.e and shape of the oroperty and that the request is mintmal and deni;,l wpul~
deF•rive subject property from a privilege en.joyed by other propertie= in the same
zore and vic?nity.
3. That there are exceptional or extranrdinary circumstances or conditiuns
applicable to the property involved or to the intended use of the oroperty that do
not apoly gcneraliy to the property or class of use in the same vicinity and zone.
4, That the requr_sted variancr- is necnssary for t'-~e preservation and
enjoyment of a substantial property right po~,essed L•~r othc,r property in the same
vicinity and zone, and denied to the property in c~uestion.
PC£31-174
5. That the request~d variarce ~:~ill nnt he materially detrimentai to the
Pu~~iic ~•~c.1`are or injurious t~ Yhe property or impr~vrments in s~ch vieini~y ~nd zone
~n which the property is located.
u, That no one indicaterl their pr~~sencr_ at said nublic hearing in
opposition; and thaT. no correspondcnec ~~;as received in opnositi~n to tye subiect
peti[ion.
EtJVIROt1MEPlTAL 111PACT FIPlDIilG: That the Anaheim City Planninq Commission has
rev~e~•fed Che proposal to cnnstruct an ;-~~L~
~ 7-~nit cendoniniun subdivision with
ti-~aivers of required lot `rontane anci minimum landscapr_d sethacr on a rectantularly-
shaped parcel of land consisting of anpror,imately 7,5 acre, havinq a frontage of
approximately 7~ Feet on the east side of 4febster Avenue, having a maximum d~pth of
approximately 27~) feet and being located ap~roximately 1~1n fcet south of the
centerline of Clearbrool: Lane (~~3 South tJehster /lvenue); and does hereby ~pprove the
tJegative Declaration f rom the requiremcnt to prepare an environmental impact report
on the basis that there i•ro uld be no significant individual or cumulative adverse
environmental im~act due to the a~proval of t};is P~enative fleclaratir~n since tiie
Anaheim General Plan designates the s~.~bject pronerty for nediun density land uses
commensurate ~•~ith the proposal; that no sensitiv~ envlronnental impacts are involved
in the proposal; that the initial Study submitted hy thc petitioner indicates nu
significant individual or cumulative adverse environnental impacts; and that the
Negative Declaration substantiating the f~re~ein~ findinr~s is on file in the City of
Anaheim Planning Departmenta
t104!, THEREFORE, ElE IT RESOLVED that the Anaheim City Planning Commission
does hereby gr~nt suhject Petition for Variance, uoon the folio~;~inq conditions aihich
are iiereby found to be a necessary prerequisite to the r~mposed use of the subject
prope~*_y in order to preserve t`ie safety and general!~ielfare of the Citizens of the
City of Anaheim:
Recl~acqf~,.,r;That~ this Variance is granted suhject to the cn~,~ir,+~,,.,
~~
, .. ~ ,..L` ~ i~ua~ penu i nn. _
2. That a 6-foot hi~:~ masonry t•~all shall be construr_trd a1on~ the east
property line.
3. Prior to issuance of buildjng permits, tfie applicant shall present
evidence satisfactory to the Chief Building Inspector that the units a~ill be in
conformai,ce o-rith hJoise Insul~tion Standards specified in r.he California
F.dministrative Code, Title 75,
'F, That suhject property shall be developed suhstantially in accordance
h•ith plans and specifications on file ~•~Ith the City of /lnaheim marked Exhibit Nos. 1
through 5.
5. That Condition Nos, 2 and 1;, ahove°mentione:f, shail be complied 4~(th
prior to final building and zoning inspections.
E3E IT FURTHER RFSOLVED that the .4naheim City Flinnin~ Commission CI(~P.S hereby
find and determine that adoption of tnis Resolution is exnressly pr~ciicated upon
~pplicant's complian~e ~•~ith each and ~ii of the cnniitions heretnahove set forth.
Should any such condition, or any part thereof, be declareci invalicl or unenforceable
-z PC81-171i
by the final judgment of any court of competent jurisdirtion, then this Resolution,
anu any approvals hcrnin contain~d, shall 6e deemed null arid veid.
THE FOREGf11MG RESOLUTIO~! is siqned and a~~rov~~! by ne this lOth day of
August, t931.
~.~,.-~- ~ ~~.~-
CfiAIR~IAII, APIANEIt1 ClTY PI_AN~I!tIG C~MNISSION
ATTEST:
~Q~ ~ ~~
SECRETARY PRO TEMPORE
ANAHEIM CITY PLAt~hJi~lG COHMISSIOII
STAT[ OF CAL I FOK(l I A )
COUNTY OF ORAPlGE ) ss.
CITY OF ANAH[IP1 )
I, Pamela H. Starnes, Secretary Pro Tempore of the Anahein City Pianning
Commission, do hereby certify that the foregoing resolution ~~as passed and adopted at
a meeting of the Anaheim City Plannina Comnisston held on Aunust 10, 1~31, at 1:30
p.m., by the `ollo~•~ing vote of the memhers thcreoP:
AYES: COMMI5510,"JEFlS: EARNES~ EOU.15~ EUSHORE~ FP.Y~ HER~ST~ I:I"I~
tJOES: COM111SSIOtJEP,S: PJOPJE
A65EIdT: C0~1FIfSSIOWERS: TOLA.°,
I~! WIT~lESS 4111EP,EOF, I have hereunto set my hand this 1^th day of August,
1~31.
~~. ~ ~~~
SECRETARY PRO TEF1POrE
A~J~HE I M C I TY PLAMfJ I N; COMM I SS I ON
-3- Pr.II~-~7~F