PC 83-225RESOLUTION NO. PC83-225
RESOLUTION OF THE ANAHEIM CITY PLANNING CnMMISSION
THAT PETITION FOR VARIANCE N0. 3363 BE '.~ENIED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance fro~ ESTHER H. LEOS, 42~ East Sycamore Street, Anaheim,
California 92805, owner of certain real property situated in the City of
Anaheim, County of Orange, State of California desceibed as:
LOT EIGHT (8), IN BLOCK ONE (1), OF "OLIVE STREET TRACT", IN
THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA,
AS PER MAP THEREOF RECORDED IN BOOK 5~ AT PAGE 3~ 0'r'
MISCELLANEOUS MAPS~ RECURDS OF SAID ORANGE COCINTY.
WHEREAS, the City Planning Commission did hoid a public hearing at
the Civic Centec in the City of Anaheim on November 28, 1983, at 1:30 p.m.,
notice of said public hearing havinq 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 behal£, and after due consideration uf all
evidence and reports offered at said hearing, does find and determine the
Eollowing facts:
(1) That the Petitioner proposes waivers of the following to retain an
i.llegal garage conversion:
(a) SECTZON 18.27.061.030 - Minimum site area per dwelling unit.
(5,000 squace feet required for single
family dwellings; 4~019 sauare feet
existing)
(b) SECTION 18.27.062.030 - Minimum floor area per dwellin4 unit.
AND 18.34.062.032 (700 sauare feet required; 400 sauare
feet existing for a garage conversion
apartment)
(c) SECTION 18.06.050.011 - Minimum number and type of parkina spaces.
18.06.050.0121 (12 spaces required; 2 enclosed in a
18.27.066.010 garage, 6 covered and 4 open;
18.34.066.010 3 s~aces existing and proposed; 2 enclosed
in a garage and 1 open)
2. That the above-mentioned waivers (a) and (b) are hereby denied
on the basis that there are no special circumstances applicable to the
property such as size, shape, topography, location or sutroundings, which do
not apply to other identically zoned properties in the vicinity; and that
strict application of the Zoning Code does not deprive the property of
privileges enjoyed by othec properties in identical zoning classification in
the vicinity.
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PC83-225
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3. That the above-mentioned waiver (c) is hereby denied on the
basie that no parking demand study was submitted and the City Traffic Engineer
has reviewed the request and recommends denial based on insufficient parking
because there are existing parking problems in the area.
4. That there are no exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property that do not apply generally to the pcoperty or class of use in the
same vicinity and zone.
5. That the requested variance is not necessary for the
preservation and enjoyment of a substantial property right possesaed by other
property in the same vicinity and zone, and denied to the property in question.
6. That the requested variance will 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.
7. That one person indicated his presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL I~IPACT FINDING: That the Anaheim City Planning
Commission has ceviewed the proposal to retain an illegal gara9e conversion
with waivers of minimum site area per single-family dwelling unit, minimum
floor area per apartment dwelling unit and minimum number and type of parking
spaces on a rectangularly-shaped parcel of land consisting of approximat~ly
0.19 acre located at the southwesk corner of Sycamore Street and Sabina
Street, and further described as 424 East Sycamore Street; and does hereby
disapprove the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be significant
individual or cumulative adverse environmental inpacts involved in this
proposal; and that an environmental impact report would be required prior to
approval of this project.
NOW, TBEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby deny subject Petition for Variance on the basis of the
aforementioned findings.
THE FOREGOING RESOLUTION is signed and approved by me this 28th day
of November, 1983.
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CHAIRWOMAN,~~ AHEIM CITY PLANNING COMMISSION
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ATTEST;
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC83-225
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STATE OF CALIFORNIA )
COUNTY OF ORAt7GE ) 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 November
28, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HERBST, KING, LA CLAIRE
NOES: COMKISSIONERS: NONE
ABSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOF, i have herPunto set my hand this 28th day of
November, 1983.
(/l GL~l~~ ~ ~L~r_y~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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