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PC 70-199RESOLUTION NO PC70-199 ~ RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANANEIM THAT PETITION FOR VARIANCE N0. 2203 BE APPROVED IN PART WHEREAS, the City Planning Commission of the City of Anehelm did receive e verified Petition for Veriance from WILLIAM AND ELSIE PURDY, 161 East Orangethorpe, Placentia, California 92670, Owners; H. M. S. AIR CONDITIONING CORPORATION, 760 North Main Street, #D, Orange, California 92668, Ayent of certain real property situated in the City of Anaheim, County of Orange, S tate of Californi.e, described as that portion of Lot 4 of South Placentia Trar,t Noo 2, as per Map recorded in Book 5 Page 42 of Miscellaneous Maps, in the office of the County Recorder of said County, Beginning at a point in the North line of the parcel of land described in Parcel 1 of the Deed to l^!. L. Morris et ux., dated April 11, 1940 and recorded in Book 1039 Page 285 of Official Records, distant thereon 445 feet Easterly from the intersection of said line, or the extension thereof, with the centerline of Cypress Avenue and running thence Easterly alony said south line 210 feet; thence Southerly parallel with the West line of said Lot a to the 5outheasterly line of said parcel of land conveyed to Morris; thence Southwesterly along said Southeasterly line to a line extending Southerly parallel with the west line of said Lot 4 f:om the point of beqinning; thence Northerly along said parallel line to the point of beginning. WHEREAS, the City Planning Commission dld hold e publlc headng at the City Hell in the City of Aneheim on November 2, 1970, et 2:00 o'clock P.M., notice of said public hearing having been duly given as required by lew end ln axordance Yaith the provisions of the Aneheim Municipel Code, Chapter 18.68, to hear and consider evidence for and egainst aeid proposed vatiance and to inveatigate and meke findings and recommendetions in ~onnection therewith; end WHEREAS, eaid Commission, after due inspection, investlgetion, end study mede by itself and in its behelf, end eEter due conaideration of all evidence and reports otfered at seld hearing, does find and detennine the following fects: 1. Thet the petitioner requests waivers from the following provisior,s of the Anaheim Municipal Code: a. SEC7'ION 18.28.050~ 5_b~ - Maximum buildinp heiqhl, within 150 fNFt of an R-A Zone. (One-storv pern;itted; two-stox•v pi•oposed). b. SECTION 18.28.05G( 2) - Buil.dinq site araa qer dwe']inq unit. (12~0 squari. feet required; 109 3 snuar~ Peet proposed). c. SECTION 18.28.050( 3-a) - Minimum floor area aer dw~~llinq urit. (7u0 souare f~et required; 525 sq,uare fe~t. proposed). d. SECTION 18.28.050( 10-a) - Minimum reauired p a~kina "p2CPS. 2. That the petitioner proposes to develop a two-story, 36-unit apa:tmFnt corr~plex cn subj_-ct property. 3. That the petitioner withdrew his request for waiver 1-d, abcve mention~d, since r.evised plans submitted provide for parking in accordance with Code req~~.irerr=nts. 4. That waiver 1-a, above mentioned, is hereby granted on the basis tl~at it we~:ld ~ppear thu small R-A parr,els adjacent to subject properi.y woi;7,d nmt be d~v.l.cp~.d for singl. iami]y rE6idential uses. 5. fhat waiver 1-b, above mentioned, is hereby granted on thu basis tLat: tt~e proF;osed density is not appreciably above that which is permitted as a matt.~r of right in tne R-3 "Lone.6. That vraiver 1-c, above menticn~d, is hereby granted on ~the basis i:l~at only two of Ctie units are proposed with less than the minimum required floor area, and t;~e Commi:;sion in the past has grani:ed bachelor apartments having 425 square feet For a maximum of ~5% of the units. 7. That there are exceptional or extraordinary circumstances o:r conditicns applicable to the property involved or to the intended use of the property that do not apply aenNrall/ to lhe rroperty or class of use in the same vicinity and zone. 8. That the requested variance will not be matei•ially det.rimental to tht~ pubiic wel..'ar~~~ or injurious to the property or improvzmentt in such vicinity and zone in whicn the property :s located. ~ ; , .. ~ , ~ ~. ~;3 ~.: ;~ i, I' i i ,i ~. ~ p ~. 1 ~ °. That two persons appeared in opposition, and two letters were received, both ir. opposition to the original request i'or waivex• of the required parking, and the or~ginal density concept - the parking waiver no longer being requested, and the density having been reduced by the submission of revised plans. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant in part subject Petition for Variance, upon tite following conditions whi~h are her•eby found to be a necessary prerequisite to the proposed use of the s~bject property in order to preserve the safety and general welfare of the Citizens of the City oi' Anaheim. 1. That this variance is 9ranted subject to the completion of Reclassification 140. 70-7i-12, now pending. 2. That subject property shall b~ developed substanti.ally in accerdance with plans and specifications or file with the City of Anaheim marked Exhibit Nos. 1., 2, 3, 4, and 5, Revision No. 1. THE FOREGOING RESOLUIION is signed and approved by me this 12th day of novemoer, 19?0. . ' _, -' - s)f -~~_ ~--'CHA MqN ANAHEIM CITY PLANNING CONlldISSION ATTEST: ~ ~ /, /iG~~~2~~• -L,,a/ SECRETARY ANqfIEIM CITY AIANNING COMMISSION STATE OF CALIFORNIA ) COUIuTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Ann Krebs, 5ecretary of the City Planning Commission of the City of Anaheim, cio tiereby c?rtify that the i'oregoing resolution was pass~d and adopted a1: a meeting of the City Pianning Commission of the City of Anaheim, held on November 2, 1970, at 2:00 n'~,lock P.M., by thc: f'ollowing vote o£ the members thereof: AYES: COMMISSIONERS: Allred, Farano, Gaue•r, Kaywood, Rowland, Se,~mo~r, Herbst. NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None. IN WITNESS WI~REOF, I have hereunto sc:t my hand this 12th day of November., 1970. L •'L~~2 IC . ~! / 2 ~___f-~_ _.. - SECRETARY {~NAHEIM CITY PLANNING COAIMISSION a ~ Res. No. 199 '~ ~R i ~ .