PC 85-193s ~
RESOLUTiON tJO. PC85-193
RESOLUTIOtJ OF THE ANAHF.IM CLTY PLANNING COM6IISS'LON
THAT PETLTZOPJ POR VnRiANCE N0. 3498 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did ceceive a verified
Petition foc Variance feom GABIhO R. GONZALEZ, 915 West B[oadway, Anaheim,
California 92805, owner of cettain real propecty situated in the City of
Anaheim, County of Orange, State of California described as:
EASTERLY RECTANGULAR 50 FEET OF LOT I1~ BLUCK 1 OF THE WEST
BROADWAY TRACT AS PER MAP iHEREOF RECORDED iN BOOK 4~ PAGE 88 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALZFURNIe,.
WHEREAS, the City Planning Commission did hotd a public heacing at
the Civic Cer.tec in the City of Anaheim on July 22~ 1985, at 1:30 p.m., notice
of said public hea~in9 having been duly given as required by law and in
accordance with the provisions of the Anaheim htunicipal s~e e'varia ce nd Oto
to heac and consider evidence for and against said prop
investigate and make findings and recommendations in con Comm ssionemeeting
said public heacing having been continued to the Planning
oF Augnst 19, 1585; and
YlHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf P and 3fd esd find nande d termine the
evidence and ~eports otte~ed at said h_a[in9r
following facts:
1. That the petitione~ proposes a waivec of the follotaing to
construct a~oom addition to an existiny duplex:
SECTI~N 1£t.32.U63.022 - Ptinimum side yatd setback.
(B feet adjacent to east property
line requi~ed; 5 feet proposed)
2. ~i~.;~ thc abov^-mAnrioned waiver is hereby granted on the basis
that thece are special ci~cumstances applicable to the property such as size,
shape, topography, location and succoundings which do not apply to other
identically zoned grope~ty in the same vicinity; and that stcict application
of the Zoning Code dep~ives the praperty of pcivilege~ enjoyed by other
propetties in the identica.t zone and classification in the vicinity.
3. That the requested variance is heteby granted subject to the
petitioner's stipulation at the public hea[ing to relecate the pcoposed
catpott five (5) feet south of the pcoposed location on the submitted plans to
provide a lacger turning cadius and that the existing gate shall be removed
after the room addition has Ueen completed.
4. That there are exceptional ot extraordinary circumstances or
conditions applicable to the pcoperty involved o~ to the intended use of the
property that do not apply gene[ally to the pcoperty o[ class of use in the
same vicinity and zone.
PC85-193
ll596c
~ ,e
5. ThaL the requested variance is necessary Eor the presetvation
and enjoymer,t of a sub~tantial propecty right possessed by other property in
the same vicinity and zone, and denied to the properLy in question.
6. That the requested variance will not be materially detrimencal
to the public welfare or injucious to the property or improvements in such
vicinity and zone in which the pcoperty is located.
7. That one perso~ indicated his presence at said public hearing
in ooposition; and that no correspondence was received in opposition to
subject petitiun.
ENVIRUNMGNTAL IMPACT FINDING: That the Anaheim City Planning
Commission has ceviewed the proposal to construct a room addition to an
existing duplex with waiver of minimum side yard setback on a
rectangularly-shaped parcel of land consisting of approximately 6,675 square
feet, haviny a frontage of ~pproximately SU feet on the north side of
Broadway, and further described as 915 West Broadway; and do~es herehy approve
the Negative Declacation upon fir.ding that it has considered the Negative
D?claration together with any comments received during the public review
pcocess and further finding on the basi~ of the initial study ~^d ~ny comment~
received that there is no substantial evidence that the pcoject will have a
significant effect on tt~e environment.
N041, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Vari~.nce, upon the following
conaiticns which a~e he~eby found tc be a necessary precequisite to the
proposed nse oE the subiect property in order to preserve the safety and
yeneral welfare of the Citi2ens of the City of Anaheim:
1. That the ownec of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 63.25 feet in width
from the centerline of the stre~et along Droadway f~r stteet widening
purposes.
2. That plans shall be submit'.:ed to the Building Division showing
cor..p:iar.~c ::itt: thc r..~r.i:c;~r,. .,_~r.dard~ cf ~hc CitY cf ?,rahein,
includin9 rhe Uniform Building, Plumbing, Electrical, 9ousing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
approp;iate permits shall be obtained foc any necessary work.
3. That subject property shall be developed substantialiy in accordance
with plans and specifications on file with the City of A~aheim
mar~ced Eshibit Nos. 1 and 2; provided, howevec, that the proposed
thr?e (3) additional packing spaces shall be relocated five (5) feet
south oE the proposed location on the submitted plans to provide for
a minimum 25-foot back-up area; and that the existing fence adjacent
to the northerly property line shall be removed after the room
addition has been completed.
q, Tha[ prior to issuance of a building germit, or within a perLod of
one year fcom the date oE thi~ resolution, whichever occurs first,
Condition N~s. 1 and 2, above-mentioned, shall be complied with.
Extensions for fucther tin.e to complete said conditions may be
gcanted in accordance wit.h Section 18.03.090 of the Anaheim
Flunicipal Code.
-2- PC85-193
5. That prior to final building and zoning inspections, Condition No.
3, above-mentioned, s},all be complied with.
BE IT FURTHGk RESOLVED that the A:~aheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
pcedicated upon applicant's compliance wiL•h each and all of the conditions
hereinabove set Eorth. Should any such condition, or any part thereof, be
declaretl invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals (~erein
contained, shall be deEmed null and void.
THE FOREGU'[Nr. RESOLUTiON is signed and approved by me this 19th day
of August, i385.
•^ i ;/ -
C/'~J~f! ~ %') /% ~'~tz. ,c c ~
E CHALRWOMAN, e1NAHEIFI ~iTY PLANNING COMMiSSION
ATTEST.
~~ ~ ~/~~~
SECRF.TARY, ANAHL•'IM CITY P:,AP7NiNG COMMiSSIUH
STA'PE OF CALIFORNI.~ )
COUNTY OF ORANGE ) S~,
CITY OF ANAHEIM 1
T, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a reeting oL tt~e Anaheim City Planning Commission held on August
19, 1985, by the following vote of the members tliereof:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST~ LA CLAZRE, LAWICKi, MC BURNEY,
~~oc~r
NUES: COMFIISSIOIv~.RS: NUNEy
AbSE:NT: COMMISSIUNERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this .19th day cf
August, 1985.
E~ c~l.-t~ ~C . , /~/CCiLii~ _
.~CCRETARY, ANAHE:M .:iTY PLANNING COMMiSSIOtr
-3 PCSS-193