PC 81-81RES~lU71. P; P~O. PC81-8i
A RESOL!1T I ON OF THE A~IAHE I!1 C ITY PLA~I'd i NG CONM I SS i ~"!
THAT PETITIOP~ FOR VARI.AtlCE F~O. 32~8 B~ GRAPITED.
WHEREAS, the Anaheim City Planning Coromission did receive a verified
petition for Variance from LAUREMCE R. LEf,GETT, ET AL, 1~32 lJest Orangewood Avenue,
Anaheim, California 92Fi02, oUmers, and THOMAS E. SHELTOP~ OR JAMES E. DULEEOHPI, 11622
Seacrest Drive, Garden Grove, California, ~2G~i0, aqents of certain ~eal property
situated in the City of Anaheim, County of Orange, State of Ca}ifornia, described as:
The East 132.2~ feet of the West 257.37 feet of the North 32~•5
feet of the Northeast q~arter of the Plortheast quarter of the
South+•~est quarter of Section 28, in Ta-;nsh+p 4 South, Ranae 10
West, San Bernardino Base and Meridian, in said Orange County; and
PARCEL 1: The tast 132.20 feet of the 41est 3gq.57 feet of the
North 329.5 feet of the Northeast Quarter of the Plortheast Quarter
of the Southwest Quarter of Section 20, in T~xanship 4 South, Range
10 West, San [iernardino Ease and Meridian, in the County of
Orange, State of California.
tJhiEREAS, the City Planning Commission di~i hold a public hearing at the Civic
Center in the City of Anaheim on April 20, 1981, at 1:30 P•m., notice of said public
hearing having been duly given as required by iaui and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 1£3.03. to hear and consider
evldence for and against said proposed variance and to investigate and make fi~idings
and recommendations in connection therewith; and
bJHEREAS, said Commission, after due inspection, investigation and study made
by itsetf and in its behalf, and after due consideration of all eviderce and reports
oTTe~ed aC sald nea~inq, does rinu and UClC1II11iiC ~1~c `oi~G~:+ry `~ct~:
1, That the petitioner proposes waivers of the folloaring to construct a 9-
lo*., RS-7200 subdivision:
(a) SECTIO~J 18.01.13~ - Reauired lot frontage.
rontaqe on dedicated street or al1eJ required;
private street rontaae proposed tor 8 lots)
(b) SECTION 18.26.o6i.010 - Minimum lot area.
7200 s uare eel required;
010, and 7060 square feet
proposeu for 3 lots
(c) SECTIOt: 18.26.n67.020 - Minimum lot width and frontaGe.
70 eet required;
5~ 53, 55 and 60 feet
proposed for lots
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(d; SECTION 13.2~~.057_.020 - Maximum lot coverage.
+0; permitted;
+T1 and 43~ proposed for 3 lo*_s)
(e) SECTIOM i~,26.063.01~ - Minimum front yard setbac~.
25 eet required;
~,~nd G6 feet proposed for 3 lots)
(f) SECTION 18,26.Ou3.030 - 1linimum rear yard setback.
25 eet required~
7, 15 and 22 feet proposed for 3 lots)
(g) SECTIOPI 18.26.065,~10 - Permitted orientation of buildings.
residences reaulred to rear-on arterial hiqhwa s;
1 side-on lot pro~oseJ
2 That the reque,ted waivers are herehy granted on the basls that denial
~•rould dcprive subject property of privileges being enjoyed by other property in the
same zone and vicinity<
3. That the requested variance is herehy yranted subjecC to the
petitioner's stipulations at the public hearing that there shall be no access onto
Orangewood Avenue except for the approved private street; that thE exfstinq driveway
on the northeas[erly parcel ("not-a-p~rt" of Trect No. 111FR2) shall be realigned to
take access from the proposed private st.reet (l!averly Court); and that a ~~-foot high
masonry wall shall be constructed along the east, riest and soutl~ preperty lines.
!~. That tliere are exceptional or extraordinary circumstances or condttions
applicable to the property involved or to the intended use of the property that do
not apply ger~r.raliy to the property or class of use in the sar~e vicinity and ~one.
5. That the requested variance is necessary for the pr•eservation and
enjoyment oi' 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 materia~ly detrimental to the
public weifare or injurious to the property or improvements in such vicinity and zone
in a~hich the property is located.
1. 7hat one person indicated their presence at satd public hearing in
opposition; and that no corres~ondence o~as received in opposition to the subject
petition.
ENVIROPlMEP1TAL IMPACT FINDI`JG: That the Anaheim CiLy ?iannin~ Commission has
revie~ved the proposal to reclassify suhject propertv from the RS-43~pflp
(Residential/Agricuitural) Zone to the RS-7200 (Residentialr Single-Family) Zone to
establisli a 9-lot RS-7200 subdivision ~~,itr, waivers of required lot frontaqe, mTnimum
lot area, minimum lot width and frontaqe, maxi~num lot coverage, minimum front yar~
setback, minimum rear yard sethack and perritted orientation of buildings on a
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rectangularly-shaped parcel of land consisting of approxim~tely 1.57_ acres, having a
frontage of approximately 2G4 feet on the south side of Orange~•~ood Avenue, and being
located approximately 27(1 feet ~rest of the ce.nteriine of Ninth Street (1>74 and 1532
West Orar.gewood Avenue); and does herehy approve the N~~gative Declaration from the
re~uirement to prepare an environmental impact repart on the basis that there would
6e no significant individi~al or cumulative acJverse environmental impact due to the
approval of this F~egative Declaration since the Anaheim General Plan designates 2he
subject property for loardensity residential land uses co~rensurate with the
proposal; that no sensitive environmental impacts are involved in the proposal; that
the Initial Study submitted by the petitioner indicates no siqnificant indivi:uai or
cumulative adverse environmental impacts; and that the Negat(ve Declaration
substantiating the foregoinq findings is on file in tlie City of Anahaim Plannino
Department.
NOW, THEREFORE, BE IT RE~OLVED that the Anaheim City Planning Cummission
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
properY.y in order to preserve the safety and general ~~relfare of the Citizens nf the
CI[y of Hnaheim:
1. That this Variance is granted suh;ect to the completion of
R~classification No.30-81-31, no~~: pendinq,
1. That suhject prc;,erty siall be ~Jeveloped suhstantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Plos. 1
through 9; provided, ho~~~ever, that a(-foot hl'gh masonry ~•~all shall be constructed
aleng the east, west and ~vauth property lines; ttiat no access shall be provided to
Orange~•~ood Avenue except for the approved Frivate street; and that the existir.g
driveway on the northeasterly parcel t"not-~-n:~rt" nf Tr~r,t ~.in ++~~~~1 .~.,~+ ~.,.
realigned to take access from the proposed private street (Ldaverly Court). ~ ~ u~
~ 3. That Condition Mo. 2, above-mentioned, shall be comolied with prior to
~inal building and zoning irspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commissfon does hereby
ftncl and determine that adoption of this Resolution is expressly predicated upon
applicant~s compliance ~•~itli each and all of th~ condltions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent ~urisdictTon, then this Resolu:ion,
and any approvals herein contained, shall he deemed null and void.
THE FOREGCING RESOLUTIOtJ i~ signed arn~ approved by me this 20th day of
April, 1981,
ATTESI'•
__~~~~~% ~~/~_
CHHIRMAN, ANA~IEIN CITY PLANNING Cp!1MISSION
~.+ ,~,a~
SECf,ETARY A~JA ' ~ !~~J---~ .
, Ht.M CITY PLFlNNING CC~MMISSiO!J
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STA7E OF CALlFORPJIA )
COUNTY OF ORA"~GE ) ss.
CITY OF ANAHEIM )
f, Edith L. Harris, Seeret-'y of the Anaheim City Planning Commission, do
hereby certify that the foregoiny resolution o-~as passed and adopted at a meeting of
the Anaheim City Planning Comm~ssion held on April 7_0, tn81~ hy thz following vote of
the memhers thereof:
AYES: COMMISSIOMERS: QARNES, 60UAS, BUSHORE, FP,Y, NERBST~ l:ING, TOLAR
NOES: COMMISSIOtaERS: PJC~NE
ABSEt•!T: COMMISSIONERS: MONE
IP! WITFlE~S 41{iEREOF, I have hereunto set my hand this 2~2h day of April,
1~;81 .
~~ ~. ~,~
SECRETFlRY, ANAHEIM CITY PLANNIrJr, C~MMISSION
-~- PC81-81