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Resolution-PC 98-36FtESOLUTION NO PC98-36 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMIVIISSION THAT PETITION FOR VARIANCE NO. 4330 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance i`or certain real propert~ situated in the City of Anaheim, Counry of Orange, State of California descrihed as: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 65, PAGE 33 Oh PARCEL M,4PS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE C•~UNTY, CALIFORNIA. WHEREAS, the City ptanning Commission did hoid a pubiic hearing at the Civic Center in the City of Ana!~eim on March 30, 1998, 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 sai~ proposed variance and to investigate and make fndings and recomme~dations in connection therewith; and that the public hearing was continued from the rheetings of January 21 and March 2, 1998; 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 end determine the following facts: 1. 7hat the petitioner proposes waiver uf the following to establish a 4-lot single famiiy residential subdivision: Section 18.01.130 - Minimum lot frontaoe abutting a oublic or q^ivate strePt {85 feet reqwred in the RS-HS-22,000(SC) Zone; none to 20 feet proposed) 2. That construction of an 8-foot high retaining wall adjacent to houses would havo a major aesthetic and privacy impact on the residents; Shape, topography, locat ontohsurro nd ngs, whichrdo notaapply topottherl id nt cally zoned pr perties n th,e vicin?ty because subject prope~~, does not differ from other properties in the area; 4. That no hardships regarding this property were identified; 5. That strict application of the Zoning Code does not deprive this property of privileges enjo/ed by other properties under identical zoning classification in the vicinity; 6. That approval of this variance would be materially detrimental to the public welfare or ~~jurious to the property or improvements in such vicinity and zone in which the property is located; and 7. 7hat four peop~e indicated their presence at said public hearing in opposition; and -hat no correspondence was received in opposition to subject petition. ~R3212PL.DOC _~. PC98-36 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planninp Commission has reviewed the proposal to estabfish a 4 lot single family residential subdivision with waiver of minimum lot frontage abutting a public or private street on a 3.75-acre parcel with frontage of 40 feet on the north side of Trail Drive, a maximum depth of 737 feet, and located 162 feet west of the centerline of Whitestone Drive (6263 East Trail Drive); and does hereby deny the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with ~ny comments received during the public review process and further finding on the basis of the initial study and any comments received tha" there is substantial evidence that the project will have a significant effect on the environment. NOW, THEREFQRE, BE IT R[SOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Varlance on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning ~ommission meeting of March ~0, 1998. ~~Ci~ C~ ~ ~~r~-.~ r,C~~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: . 6~0~6Jlu¢' SECRETARY, AHEIM CITY PLANN~NG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 30, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ~NE SEAT VACANT IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 1998. ~U~a~~~~ ~~~' SECFtE?ARY, AHEIM CITY PLANNING COMMISSION '2' PCSB-36