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PC 70-169RESOLUTION N0. PC70-lo9 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE NO. 2199 gE GRANTED WHEREAS, the City Plenning Commission oE the Clty of R~nr+heflm did receive a verifie3 6~tition for Variance Erom ST. MARK'S METHODIST CHURCH OF ANAHEIM, 3718 West Grange Avenue, Anahei.m, California 92804, Owner; I. NL•WHOUSE, 11301 Bixler Drive, Garden Grove, California 92G40, Agent of certain real property situated in the City of Anaheim, Count.i of Orange, State o: California, described as ihat portion of the East Half of the Wes~: Half, of the Northeast auarter of the Southeast q~arter of Section 15, Tormship 4 S ouLh,, Range 11 West, in the Hancho I.os Coyotes, as per map recorded in Book 5i, Page '1 of Miscellaneous 1u1a~~a, ?.r; the office ~f the County Recorder of said County, lying Southerly of the Westerly pro!onoation of the cente: line of Mungall Drive, as shown on a map of `!'ract No. 35~1, as per map Tecorded in Book 133, Pages 18 and 19 of Miscellaneous Maps, in t`~e office o` the Count~y Re~:order of said County. EXCFPT the South 660.00 feet thereo'r. ~~~ EXCEPT the V~est 100.00 feet thereof. WHEREAS, the City Planning Commiceion did hoid e public headng et the City Hell in the City of Aneheim on September 10, 1970, et 2:00 a'clock P.M., notice of seid public hearing having been duly given es required by lew and in eccocdence wlth the provtsiottm of the Anoheim Municlpel Code, Chepter 18,68, to heer and coneldet evi~3nce fot and egainst said proposed varience and to inveatiQate and make findlnRs and recommendations in connection therewith; and WFIEREAS, said Commiasion, after due inepeetion, investlgetion, end study mede by itself end in i!s behelE, and efter due conaideration of ell evidence and reporta otfered at seid Searing, does find and detennine the following fects: 1. Thet the petitioner requests e vertonce Erom the Aneheim Municipal Code as foi:o:^:s, ~p est.abl is t: a two-story, 29-unit apartm~nt complex: SECTIGN 18.28.050(5-b) - Maximum buildinca heiqhit within 150 feet of a sin~le- family ~esidential zone. (One-story permi~ted; two- storv p~oposed). 2. That waiver of the Code section, above mentioned, is hereby granted as it would appiy to the R-A parcel to the west of subject property, since it is ooubtful that single family uses will be developed at that location; that said waiver is also granted as it would apply to the R-1 property to the south in the City of Buena Fark, since these homes were established after constructior of the t~vo-story apartments to th? east of subject property in the City of Anaheim; and that the petitioner is entitled to the same rights enjo~•eo by the property owner to the east. 3. T'::at the City of Buena Park required only a 50-foot separation between two-story mli:~`inle-family units and a single-family z~ne boundary, and the petitioner is proposing at le~~s~ a 5G-foot setback for all Uut two units, which would be 40 feet from the R-1 in Buena P~:k, and *_hat since the existinn two-story apartment units in Anatieim are only 25 feet from ti~e C;•-1 bo,~noary, the Ananeim 'r:anning Commissi~n deems the requ~sted setbacks to be adequate. ~. Tnat tliere are exceptional or extraordinary circ~mstances or conditions applicable to ttie prooerty involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. °,. 1';~~at the requested variance is necessary for the preservation and enjoyment of a substantial rroperty right possessed by other property in the same vicinity and zone, and denied Lo the p*operty in question. 6. T:iat the requested ~iariance will not be materially detrimental to the public welfare or i.njurious to the property or improvements in such vicinity and zone in which tt,e property is located. Vl-D _1_ '~ i NOW, THEREFORE, BE IT RESULVED thet the Aneheim City Planning Commission does hereby grent subject Petitioa for Varience, upon the totlowing conditions which ere hereby found to be a necessary prerequisite to the pro- • posed use oi the subject property in order to preserve the safety and general welfere of the Citizens of the City of Anaheim. 1. That this variance is granted subject to the completion of Recl.assification No. 70-71-11. 2. That subject property st~all be de~~eloped substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, and 3. ~ THE FOREGOING RESOLUTION is signed end approved by me this 17th day of September~ 1970. _ `_~ " / ' r~~~ -'" CHA MAN ANAHEIM CITY PLANNING COMMISSION ATTEST: _ ~~ SECRETARY ANAHEIM CITY PLANNING COMMISSION ~ STATE OF CALIFORNIA ) I COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ,;-. I~ Ann Krebs ~ Secretory of the City Planning Commission of the City of Anaheim, da hereby certify thet the fore- ~: , going resolution was passed and edopted at e meeti~g o( the City Planning Commission of the City of Anaheim, held on ~ I September 10~ 1970~ et 2:00 o'clock P.M., by the following vote of the members thereof: ~'~ AYES: COMMISSIONERS: Farano, Gauer, Seymour, Herbst. I ~ NOES: COMMISSIO*IERS: None. I ~ ABSENT: COMMISSTONERS: Allred, Rowland. i A~TAIN: CONU/~TSSIONERS: Kaywood. . IN WITNESS WHEREOF, I have hereunto set my hnnd this 17th day of September~ 1970. ~ ~~ ~ ~' , ~~ _ RESOLUTION N0. 169 ,',j ~ ~ V2-G f ~~ Fj ~ ~ I : i '~ ' SECRETARY ANANEIM CITY PLANNING COMMISSION -2-