PC 82-187~-,
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RESOLUTION NO. PC82-187
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
TFiAT PETIT'ZON FOR VARIANCE NO. 3298 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from ERIC LEDERER, Coto De Caza, #114, Trabuco Canyon,
California 92678, owner of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
THE SOUTHEASTERLY 35.70 FEET OF LOT 10 IN BLOCK 5 OF TRACT
NO. 422, IN THE CITY OF AN~FIEIM, COUNTY OF ORANGE, STATE Ofi
C1ILIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE 48 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on October 4, 1982, at 1:30 p.m,, notice
of said public hearing having been duly given as 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 ar.d determine the
following facts:
1• That the oetitioner proposes waivers of the following to
canstruct a single-family residence:
(a) SECTION 18.27.062.020 - Maximum lot coverage.
(35~ permitted; 50$ proposed)
(b) SECTION 18.27.063.012 - Minimum landsca ed setback.
(25 feet required to front on
carport; 11-1/2 feet proposed)
(c) SECTION 18.27,066.011 - Minimum number and tyoe of narking
spaces. (4 on-site spaces,
2 enclosed in a garage required;
2 tandem spaces in a carport
proposed)
2• That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hardship exists due to the size and
location of subject property and denial would deprive subject property of
privileges enjoyed by otlier properties in the same zone and vicinity.
3• That there are exceptional or extraordinary circumstances or
cc.ndition~ applir_able to the property involved or to the intended use of the
property that do not apgly generally to the property or class of use in the
same vicinity and zone.
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PC82-187
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4. That the reque~ted variance is necessary for the preservation
i'~ and enjoyment cf a,~-:nstantial prcperty right pos~essed by other property in
the same vicinity anl zone, and denied to the property in question.
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! 5. That the requested variance will nut be materially detrimental
~' to the public welfare or injurious to the property or impravements in such
vicinity and zone in which the property is located.
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~r 6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
~ petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a single-family residence
with waivers of maximum lot coverage, ninimum landscaped setback and minimum
nvmber and type of parking spaces on a rectangularly-shaped parcel of land
consisting of approxima!ely 1945 square £eet, having a fr ntage of
approximately 35 feet ~~n the east side of Claudina Street, and further
described as 942 North Claudina Street; and does hereby approve the Negative
Declaration from *_he requirement to prepare an environmental impact report on
the basis that there would be no siqnificant individual or cur,rulative adverse
environmental impact due to the approval of this Negative Declaration since
the Anah~im Genernl Plan designates the subject property for ~edium-density
residential land uses commensurate with the proposal; that that Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the Negative Dnclaration
substantiatinq the foregoing £indings is on file in the City of Anaheim
Planning Departinent.
NOW, THEREI'ORE, DE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the fol'.owing
conditions which are hereby found to be a necessary prerequisite ~o 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 a fee, in an amount as determined by the City Council, for
tree planting purposes along Claudina Street.
2. That drainage of subject- property shall be disposed of in a manner
satisfactory to the City Engineer.
3. That the owner of subject property shall pay to the City of Anaheim
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.
9. That appropriate off-site ~ewer easements for waste disposal shall be
obtained.
5. That subject property shall be developed substantially in a::~:ordance
w;ch plans and :pecifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2.
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6. That Condition Nos. 1 and 4, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under this
resolution, or prior to the time that the building permit is issued,
or within a period of one year from date hereof, whichever occurs
£irst, or such further time as the Planning Commission may grant.
7• That Condition Nos. 2 and 5, above-mentioned, shall be complied with
prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and c~etermine that adoption of this Resolution is expressly
predicated upon applica~t's compliance with each and all af the conditions
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 jurisciiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 4th day of
October, 1982.
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HAIRMAN, ANAHEIM CITY 1L NG COMMISSION
ATTEST.
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SECRE:'!'ARY, pNAHEIM C,I':'Y ?LAND7ING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a
meeting of the Anaheim City Planning Commission held on October 4, 1982, by
the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRF, HERBST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, Z have hereunto set my hand tl^is 4th day of October,
1982.
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SECF2~:TARY, ANAHEIM CITY PLANNING COMMISSION
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PC82-1~7