PC 82-199/"^'` /"1
RESOLUTION NO. PC82-199
A RESOLUTION OF THE ANAHEZM CITY PLANNING COMMISSION
THAT ?'ETITION FOR VARIANCE N0. 3299 BE GRANTBD
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition £or Variance from LOUIS A. UGALDE, ET AL., 317 East Wilhelmina
Street, Anaheim, California 92805, owner of certain real property situated in
the City of Anaheim, County of Orange, State of California described as:
LOT 16 IN BLOCK C OF TRACT NO. 158, ELK PARK TRACT~ IN
".HE CITY OF ANAFTEIM, AS PER MAP RECORDED IN BOOK 12,
PAGE 8 OF MISCELLAfIEOUS MAPS~ IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY•
S•7HEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim or. October 18, 198'!, 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 ther.ewith; 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 and determine the
following facts:
1. That the petitioner proposes waivers of the following to
construct an addition to a detached single-family dwelling:
(a) SECTI023 18.27.061.010 - Minimum building site area
and 18.32.020.010 (5000 sq. ft. per dwelling required;
3338 sq. ft. er.isting)
(b) SECTION 18.27.062,030 - Minimum floor area
and 18.32.020.010 (1225 sq. ft. per unit required;
742 sq. ft. proposed)
(c) SECTI~JN 18.27.063.020 - Minimum side yard setback
and 18.32.020.010 (5 ft•. required; 2 to 3 ft.
existing)
(d) SECTION 18.27.063.030 - Minimum rear yard setback
and 18.32.020.010 (10 ft. required; 1 to 9 ft.
existing)
(e) SECTION 18.27.066.010 - Minimum type of parking spaces
and 18.32.020.010 (10 spaces, 4 enclosed in garages
required; 10 spaces, 1 enclosed in
a garage existing)
PC82-.1.99
#02891
2. That the above-mentioned waivers are hereby granted on thE basis
that the petitioner demonstrated that a hardship exists in that the structure
is existing and on the basis that denial would deprive subject property of
privileges enjoyed by other proper.ties in the same zone an3 vicinity.
3. That there are exceptional or extraordinary circumstances or
conditions applicabl? to the property involved or. to the intended use of the
property that do not apply generally to the property or class of use in tne
same vicinity and zone.
4. 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 will not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
6. That two persons indicated their presence at said public hearing
in opposition; and that no correspondence was received in opposition to
subject petition.
ENVIRONMENTAL IMPACT FZNUING: That the Anaheim City Planning
Commission has reviewed the proposal to construct an addition to a detached
single-family dwelling with waivers of minimum building site area, minimum
floor area, minimum side yard setback, minimum rear yard setback, and minimum
type of parking spaces on a rectangularly-shaped parcel of land consisting of
approximately 0.15 acre, having a frontage of approximately 50 feet on the
north side of Wilhelmina Street, and further described as 317 E. Wilhelmina
Street; and does hereby approve the Negative Declaration from the requirement
to prepare an environmental impact repart on the basis that there would be no
significant individual or cumulative adverse environmental impact due to the
approval of this Negative Declaration since the Anaheim Genera.l Plan
designates the subject property for medium density residential land uses
commensurate with the proposal; that that Initial SY.udy submitted by the
petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City nf Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission 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 property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the existinq structures sY,all be brought up to the minimum
standards of the City of Anaheim, including the Uniform Auilding,
Plumbing. Electrical, Housing, Mechanical and Fire Codes as adopted
by the City of Anaheim.
2. That subject property shall be developed substantially in accordance
with plaris and specifications on iile with the City of Anaheim marked
Exhibi* Nos. 1.
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3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with
prior to final building and zoning inspections.
BE IT FURTFIER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabot~e set forih. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved Ly me this 18th day
of October, 1982.
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~CI~~RMAI~, ANAHEIM CITY NNING COMMISSION
ATTEST•
SECRETARY~-~ CITY PLA~ MMISSION
STATE OF CALIF'ORNIA )
COUNTY OF ORANGE ) Ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Flanning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meetinq of the Anaheim City Planning Commission held on October
18, i982, by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KIN~, LA CLAIRE,
NOES: COMMISSIONERS: NONE
AHSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOP, 2 have hereunto set my hand this 18th day of
G-t, ~er, 19& ..
U.S[,C.~ ./, , 0~ - i~~ti[it.e.e
SECRETARY, ANAHEIM CITY PLANNING COMMTSSION
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PC82-199