Loading...
PC 69-155~ :.. 4 ~ . :~ ~ I ~ ~ ~ ' *~ ,~ ~x ~ ~ RESOLUTION N0. PC69-i55 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2100 gg APPROVED IiJ PART WHEREAS, the City Planning Commission of the City of Aneheim did receive a verified Petition fur Varience from DAVID S. COLLINS, 1077 West Ball Road, Anaheim, California 92802, Orrner; RO;JALD A. ICAP.CS, i077 West Eall P,oad, Anaheim, California 92802, Aaent of certain real property situated in tne Citv of Ana;:e;~, County of Orange, State of California, described in Exhibit "A" a;,tached hereto and re:erred to herein as though set forth in full. ; end WHEREAS, the City Planning Commission did hold e public hearing at the City Hall cn the City of Anaheim on July 14, i°69, et 2:00 o'clock P.M., notice of said public hearing having been duly given es required by lew and in accordance witht}~w provisions of the Anaheim Municipal Ccde, Chepter 18.68, to hear and consider evidence for and against said proposed variance and to investigete end make findings and recommendetions in connection therewith; end WHEREAS, seid Commission, after due inspection, investigation, and study mede bp itself end in its behalf, and after due consideration of all evidence and reports offered at seid hearing, does find end determine the following Eacts: 1. Thet the petitioner requests e veriance from the Aneheim Municipel Code as foilot•is, to estac,ish ~ 1C0-unit apartment comolex on su~ject property: a„ SECTION 18,32.050(31 ~ Maximum lot coveraae. (55 permitted; ~"~ propose~;. b. S~C?ION 18~28.G50(5-b) - Maximum buildina heiqht within 150 feet oF R-0 -oned properties. (One-storv permitted; two••stories qrooosed;. c. SECTION 18,2E~0501,5-aL - Maximum buildinq heiqht. (Two stories permitted; three•-stories prooosed)o d. S ECTION i8.28.050 7-~ ~ Minimum distance bet~•~een buildinqs. (90 feet re- quired; 60 feet proposed)~ e. S~CTION 18028,050(6~b-3) - Minimum distance between accessorv buildinos and orooertY line. (5 feet required; 0 feet proposeti). f. S ECTION 18.28.050(6-b-i - Minimum distance between buildinq and oronerty iine. (44 feet required; 35 feet proposed). g. S ECTION 18~2E,050(9-b - Distance of a livinG unit from a standard street. (Within 200 feet reyuired; units as far as 308 :eet from a standard street proposed). h. SECTIOIJ 18~28o050(i0-c) ~ Minimum parkinp stall size. (10 x 20 feet required; 8 x 20 fee't proposed). 2. That waiver 1-a, above mentioned, maximum lot coveraqe, is~he=eby denied on the basis that development of subject property can be accomplished within the iimitations of the R-3 Zone site development st andards. 3. That wai,v er 1-h, above mentioned, minimum parking stall size, is hereby denied on the basis that the size prooosed as to width would be 3nadequate for clearance x~hen doors were o~ened on automobiles, and fu:thermo:e, the petitioner stated that the width of the stails could be increased, aithough this ~,~ouid reduce the number of parking spaces. 4. That waive:s 1-b and 1-c, above mentioned, are deemed appropriate due to the f~ct that the petitio~er has indicated on his plan s that the iirst story of each building will be con- structed in such a ma~,ner that over 50% of the vertical height of the first story will be belov~ the natural g:ade of subject propert•; an d below the grade of the adjacent property to the north thereby creating an effective height of . li- stoxies for the proposed northerly building and 2z stories for the southerly building. ~ VESTEE: DAVID S. COLLIPi~S ~~3 ;dlIRIOH GRAtIF COLLI2tS~ hu0btult zd NIPe~ es to 6tn tuldiYided one-ha1T intereat eu ; ass tenaxits in coasaon. ~' SIJ3J~CT 'it~: ';{ , ;~ ~. ! ',! S.~ ~ ~' J. ~':.. _ ~ r_, > ; l. Getieral a~d S_r.~c2u1 T~xes Yor thc fiscal. yccr 1969..1970, a Iien not yct payable. 2. ~ ic Rcc;:z~*~tion for zroaC.z~ railrc~or.Ls n~ul ditches of u~trip of lund 30 i::.t tiric?c, ~?on~, ud,join3n~ c•r.d cach sidc of ~:~c Townshfp and Section lines~ ~:.~; .:~e :.:~::.~~ion of tlie u^e end control oY Mcne,~a and na,turcal atrcams oY ~.. ~::~, i~ ;~zy, nu~urally upon, flouin~ acroas, into or by r.aid tract, and thc _~:. oP :.-.;/ Por ~.nd to cosoixuct irrip.tion or clrainu~~e ditches throu~h said ~„.-cc~~ to ir~ i~tc or drain the ad~acent land, as contained in tlic dced fYoa ;. i;ob~i~ :t:, "iructce, recorded in Book 20, ~e 595 or Deeda~ recorda o! I.oa An~clea Co•ant~, California. Said r3ght3 orc n~w vested in i:hc County oP Oran~e. ;,. An ~~e^~cnt a1.on~ the Farth linc of caid land Yor a pipe liae or P•.:.'~ch Yor tho conve;rance o~ r.atrs for ix:3~~3on pur~eca, n3 (~+~nted to W. G. ...::~~r,on and othcrs by dee8 recorded in~Book 18g, ~e 2~5 of Dceds. .. An ee.rc:nent for road nnd public utility pur~oacs ovcr tr~t ~rtion oP :,a.id ].n:.d iacludcd arithin Peurl Street, a.~ conveycl to thc City oi Maheim, a~unicipal corl,oration~ recardod E~rch I,Zo 1965 iu 8ook,74~2i ra„e ~24 of O2Yicial Recorde. -. All that certain land situ~ 1 in the State of California, Cou• of Orange, City of Anaheim, described as fo..ows: _ Parcel 1. The North 250 feet of that portion of Lot 35 of Anaheim Extension as shown on a Map of survey made by William Hamel in 1868 and filed for record in Los Angeles ' County. California, a copy of which is filed in the office of the County Recorder of ~ Orange County, California, on page :63 and following of Book 3 entitled "Los Angeles County Maps" and of the Southeast quarter of the Southwc.st quarter of Section 9, Township 4 South, Range 10 West, S. II. B. & M. , and as the Southeast quarter of the Southwest quarter of said Section 9 is indicated onRecord of Survey Map filed in Book 20, page 22 of Record of Surveys in the office of the County Ttecorder of Orange County, California described as follows: Beginning at a 4 x 4 redwood stake on Il~e South line of said Section, 44. 68 chains ~ast of the Southwest corner of said Section; thence North 846. 20 feet to the South line of the Anaheim Homestead Tract, as shown on a Map recorded in Book 26, page 10 of Miscellaneous Records of Los Angeles County, California; thence West 616.02 feet along said South line of the Anaheim Homestead Tract; thence South 851. 59 feet to the South line of said Section; thence East 618.82 feet to the point of beginning. Parcel 2. The Westerly 30 ieet of that portion of Lot 35 of ,Anaheim ~xtension, as sho~vn on a Map of survey made by William Hamel in 186fl and filed for record in Los An~eles County, Califarnia, a copy of which is filed inthe office of the County Recorder of Orange County, California, on pagc 163 and following of Book 3 entitled "Los Angeles County Maps" and of the Southeast quarter of the Soutliwest quarter of Section 9, Township 4 South, Range 10 West, S. B. B. & M. , and as the Southeast quarter of the Southwest quarter of said Section 9 is indicated on Record of S~rvey Map filed in Book 20, page 22 of Record of Surveys in the office of the County Recorder of Orange County, California described as follows: ~ Beginnin~ at a 4 x 4 redwood stake on the South line of said Section, 44. 68 chains East of the Southwest corner of said Section; thence North 846. 20 feet to tbe South line of the Anaheim Homestead Tract, as shown on a Map recorded in Book 26, page 10 of Miscellaneuus Records of Los Aiigeles County, California; thence West 616. 02 ~ feet along said South line of the Anaheim Homestead Tract; thence South 851. 59 feet to the South line ef said Section; tnence East 618. 82 feet to the point of beginning. `~ EXC~PTING THLR~I'ROM any portion thereof lying Southerly of the Northerly litie ' of Wilshire Avenue as now shown of record. ~ ~ ALSO EXCEPTING the Northerly 250 feet thereof. ABM:ram `~; Plats and 4ec~s of Document enclosed ~ ' ' ! : 5. That waiver 1-g, above mentioned, is deemed to be technical on the basis that the Planning Commission has recommended amendments to Title 18 of the Anaheim Code which wouid permit this waiver by right; however, the City Council has not as yet considered said =~ commendations at public hearing, nor adopted an ordinance amending Titie i8 tu ref'lect these ~hanges. 6. That there are exceptional or extraordinary circumstances or conditions aopl.icable to the property invclved or to the i~tended use of the proper±y that do not aoply generally to the property or class of use in the same v~cinity and zone. 7. That the requested ~!ariance is necessary for the p:eservation and enjoyment of a substantial property right oossessed by other property in the same vicinity ar.d zone, and denied to the property in question. , 8. That the requested variance will not be materially detrimental to the public Nelfare or injurious to the property or improvements in such vicinity and zone in which the prooerty is y:~$ located. ~j. 9. That three letters were received in opposition. ~i~ .yt ;~ : NOW, THEREFORE, BE IT P.~OLVED that the Anaheim City Planning Commission does hereby grant in oart subject Petition for Variance, upon the follo~ving conditions which a:e hereby ,~j r'ound to be a necessary prer~nuisite to the proposed use of the subj?ct property in order to .i preserve the safety and ger rrelfare of the Citizens of the City of Anaheim. , •~ '~ 1. That this varian_ qranted subject to the comoletion of Reclassi°ication tJo. 69-"~0-1. ;,~ ' 2. That the owner of suuject oroperty shall provide and improve a peripheral 20-foot .,~ide ~, vehicular ingress and egress easement along and south of the south property lines of subject i parcel. .,I 3. That sub,ject property shall be devel.oped substantially in accordance with plans and I; specifications on file with the City of Anaheim, marked Exhi.bit Nos. 1, 2, 3, and 4, provided, ~,,~ ~' however, that the covera e of sub'ect R-3 Zone, and further orovided that parkiPgrsta11s1sha11fbemin1confo~rmancemritheCodetrayuirements, ~ as stipulated to bv the petitioner. I ` .) . ~ .~ _~ '' THc FOREGOING RESOLUTION is signed and ap roved~by me his 2 h day of July, ]909., ' -~,~~.J C IR~JiAF2 PRO-TEtv1 AtJAHEIM CI'PY PLANNItr'G COhsNISS IO" ATTES Ts - ' C~~-~Z-t ~, i~1C.! ~~ - SCVRETARY ANAHEINi CITY PLANIJING OOIJf.~I5SI0i~ STATE OF CALIFORNIA ) COUNTY OF ORADIGE ) ss. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of Lhe City Planning :ominission of the City of Anaheim, do hereby certify that the foregoing resolution t:~as passed and adopted at a meeting of the City Planning Commission o:' the City of Anaheim, held on Tuly 14, ;909, ~t ?:00 0` clock P.M,, by the follov~ing vote of the members thereof: AYES: COM~AISSIOD;ERS: Camp, Farano, Gauer, Roc;land, Thoro. NOES: COhM,ISSI01dERS: !done. ABSEfdT: COMMISSIOiJERS: Allreo, Herbst. IN WITNFSS WHE3?EOF, I have hereu;ito set my hand this 24th day of July, 1969. i/ ~" ~ (.-L.--~ ~.~~ C_.. ~L-t'.ic.~.. SECRETARY APIAHEI~+; CITY PLANNING CON~AIISSIOII Res. No. 155 ~ .t~ ~