PC 83-58:~~
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RESOLUTION NO. PC83-58
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3323 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from MARGARET JOUGLARD, 2500 West Mall Place, Anaheim,
California 92804, owner of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
LOT 46 OF TRACT 6691 AS PER MAP RECORDED ITI BOOK 250~ PAGES
20 AND 21 OP MISCELLANEOOS MAPS, RECORDS IN THF. OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on March 7, 1983, 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 £or and against said prcposed variance and to
investigate and mak_e 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 and determine the
following facts:
l. That the petitioner proposes waivers o£ the follo~ving to retain
a garage conversion:
SECTION 18.06.050.011 - Mini:num number and type of parking spaces
AND 18.27.066.010 (4 off-street spaces, 2 in a garage required;
1 open off-street space existing)
2. That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that the property
is unusually shaped.
3. That the pruposed variance is hereby granted subject to the
petitioner's stipulation at the public Y.earing that within sixty (60) days
from the date of approval of said variance, the petitioner shall record a
covenant against the property agreeing that the existing garage conversion
shall be reconverted to accomodate parking for two conventional automobiles no
later than two years from the date herein and that said covenant shall be
approved by the City Attorney's Office prior to recordation.
4. That t.he proposed variance shall expire two years from the date
of approval.
5. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intende3 use of the
property that do not apply generally to the property or class of use in the
same vicinity and zone.
$0527I PC83-58
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~~' 6• That the requested variance is necessary for the preservation
and enjoyment of a substantial property right possessed b
. the same vicinity and zone, and denied to the ro y other
property in
~ P perty in question.
~~ That the requested variance will not be
to tlte public welfare : injurious to materiall
the propert Y detrimental
`j vicinity and zone in which the propert Y°Y improvements in such
y is located.
8• That no one indicated their presence at said
~ opposition; and that no corresp~ndence was received Public hearing in
petition. in opposition to sul~•
i 7ect
ENVIRONMENTAL IMpACT
Comm.ission has reviewed FINDING: That the Anaheim Cit
of minimum the proposal to retain a Y Planning
number and t garage conversion with waiver
of land consistin og ~e of parking spaces on an irregularl
5 approximately 6,185 square feet located tstheed Parcel
terminus of Mall Place, approximately 182 feet east of
Ham ton easterly
P Street and furthar described as 2500 West the centerline of
approve the Negative Declaration Mall P13ce; and does hereby
environmental impact re from the requirement to prepare an
individual Fort on the basis that there would be no si
or cumulative adverse environmental impact due to ~ificant
this Negative Declaration since the Anaheim the a
subject ro ert General Plan Pproval of
P P y for low-density land uses commensurate designates the
that that Initial Study submitted by the petitioner with the
individual Proposal;
or cumulative adver~ indicates n~ significant
Aeclaration e environmental impacts; and that the Negative
substantiating the foregoing findings is on file in the City of
Anaheim Planning Department,
NOI~, THEREFORE, gg IT gESOLVED that the Anaheim Cit
Commission does hereby grant subject Petition for Variance, u on
conditions Y Planning
which are hereby found to be P the followinq
proposed use og ~e S~. a necessary prerequisite to the
general welfare of the Citiz ns of theYCity ofaAnaheim Preserve the safet
y and
1• That plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, p7.u~ing~ Electrical, Housing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
z• That subject property shall be developed substantially in accordance
Wi~ plans and specifications on file with the City of Anaheim marked
Exhibit No. 1.
3• That prior to final buildin +
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and 2, above-mentioned, sha 1 be Zoning inspections, Condition i;os, 1 f
complied with.
4• That the proposed variance shall expire two years from the date
herein.
5• That within sixt
shall Y«~~ days from the date herein
record a covenant against the ~ the petitioner
existing qarage conversion shall be recon~erte3tto accomo ate parkinq
for two conventional automobiles no later than two years from the
date herein and that said convenant shall be approved by the City
?~ttorney's Office prior to recordation. ~
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PC83-58
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HE ZT FURTHER RESOLV~D 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
hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceab~e 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 by me this 7th day of
March, 1983.
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CH IRMAN, AI7 HEIM C~~P pi,ANN2NG COMMISSION
ATTEST:
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c~n-nWy ~t
.«. tuVHrih1M Ci~'Y PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANRFIEIM )
2, 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 March 7, 1983, by the
following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, FRY, KING, LA CLAIRE, MC BURNEY
NOES: COMMIggIplJEgg; BUSHORE & HERSST
ASSENT: COMMISSIONERS: NONE
IN I92TNESS WFiEREOF, I have hereunto set my hand this 7th day of March,
1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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