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PC 70-60RESOLUTION NO. PC70-60 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2165 HE GRANTEU ."':~a1'~ WHEREAS, the City Plenning Commission oE the City oE Anaheim did receive e verified Petition for Varience from T. [. AND MILDRED B. YELLIS, 623 ~!orth Zeyn, Anaheim, Ca?ifornia and LARWIN MULTI-FIOUSING CORPORATION, 9100 Wilshire Boulevard, Beverly }lills, California 9021?, Owners; I~ORIS M~ARfv, AIA, KAMNI7ZER AND MARKS, 1627 Pontius, Los Angeles, California 900~5, Aoent of certain rea] property situated in the City of Anaheim, County of Orange, State o; Califo:nia, described as - being a po.rtion of the North half of the Nortliwest quarter of tlie southwest quarter or '; Section 8, Township 4 South, Range 10 West, San Bernardino Meridian. Beg~n;,ing al a point in i:he northerly line of said southwest quarter of Section 8, said pcint bearing south 89° 43' 02° C-ast 360.00 feet from the northwest corner of said southwest quarter; thence alonn said ~ortherly line South 89° 43' 22" ~ast 970.56 feet to the northeast corner of said northwest. yuarter of said southwest quarter; thence, South 00° 09' 09" VJest 65G.5] feet: along the east- erly line of said northwest quarter to the northerly line oi Tract tJo. 5053 as recorded in hSiscellaneous Maps, Book 183, Pages 34 through 38, records of Oranc7e County; thence, t~lortt~ 84° 40' 0~" West 969.23 feet along said northerly line of Tract Ido. 5053 to a point ]ying on a line 360.00 feet easterly, measured at rir~ht anqles frorn the westerly line of said southwest quarter; tf~ence, parallel to said westerly line of sa;d southwest yuarter of Section 8, North OU° 16' 10" West 655.6^ feet to the point of beninning. WHEREAS, the City Plonning Commis~ion did hold e public hearing at the City Hal' in the City of Aneheim on Apri 1 6, 1 970, at Z:00 o'clock P.M., notice of said public heering having been duly given es required by law andin eccocdence with the provisions of the Anaheim Municlpel Code, Chapter 18.68, to heer and consider evidence for and egeinst said proposed verience and to invectigate end meke findings end recom mendations in connection therewith; and W}iEREAS, eaid Commission, after duc inspection, investigation, and study mede by itself and in its behelf, and efter due concidecataon of ell evidence and reports of[ered at seid heering, does find and determine the following fects: L Thet the petitioner requests e vedance from the Aneheim Municipal Code as fol 1 ows , tG P.S L~IJI 15h ~ ?80-unit, ~wo-story, apartment com~lex on subject ~roperty: a. SGCTION 18.?8.050(7-a) - Minimum required distance 6et~+~een builciinas. {'l5, ?~, 30, 34, and 1'~ feet reyuired; ??. :2, ?7. 3U and 15 feet. proposed). b. SGCTION 1~3.?F.050(5-b) - Maximum buildinq heinht within 150 feet of H-A zoned pronertv. (One-stor~.~ nermitteo; two-story v~ithin 112 feet of R-A zoneu nropcrty proposed). c. S CCTION 18.28.050(6-a-4) - M~nimuni required landscaped setbacic area. (15 feet adjacent to loca] streeCs reyuired; 5 feet proposed). 2. That waiver !-a, above mer;tioned, is hereby approved on t:he basis that t.he devia1.ion ln eact~ instance is a n~.atter of only a fetv feet and t.his type of waiver I,as beell ~s)})I'OV~_`t7 i n th~ pas t. ?. 7'hat waiver 1-b, above mentioned, is hereby approved on the basis t.hat t.hc H-A p~iiccls are ]ocated on art~arial hiqhways and will in a!1 probability develop for sor~,e use otiier than sinqle fau.il~ residential. 4. That. waiver 1-c, above rnentioned, is h~,reby approved on the basis that t:he patitioncrs are proposing i:hat the area immediately behind th~ proposed 5-foot landscaped seLL•acH for use as an open parkiny area and they are proposin9 to develop sidewalks, iir~mediately adjacent to the curh on tlie east side of the proposed north-south sCreet, ~nd that t:he remainder of tiie par'rway width will be incorporated into the landscapinq plan for the setback between the ~~roperl.y line and the proposed open parkinq. Vl-D -1- 'r 5. That there are exceptiona] or extraordinary circumstances or conditions appli~able to the property involved or to the intended use of the prop~rty that do no~ apply gene_ally to the property or class of use in the same vicir.ily and zone. o. That the requested variance is necessary for the prnservation and enjoyment or" a substantial property right possessed by other property in ttie same vicinity and zone, and denied to the property in question. 7. That the requested variance will not be rnateriall~ detrimenta] to the public we]fare or injurious to the property or improvements in such vicinity and zone in which the property is located. 8. That the petitioner stipulated to providing sidewalks adjacenl to the curb on the east side of the new north-south street and to incorporate ttie remainder of tlie 13 foot parkway into the landscaping plan proposed adjacent to tt~e open parking areas. ' NOW, THERL-FOR[, BE- IT RESOLV[D that the Anal~eim City Planning Commission does hereby ~ grant subject Petition for Variarce, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in o*der to preserve the safety and general welfare of the Citizens of the City of Anaheim. 1. That this variance is granted subject to the completion of Reclassification No. 69-70-48. 2. That subject property shal] be dcveloped substantially in accordance vaitli plans and _ specifications on file witt~ the City of Anaheim, marl:ed Exhibit t9os. 1, 2, 3, and 4. 3. That tne 5 foot sidewalk alon9 the east side of the new north-south street shall bF located adjacent to the curb, except where fire hydrants are located said widt}~ shal] be increased so that a 5 foot widtt~ exists to the rear of the fire hydrants, as stipulated to by the petitioner. The balance of the 13 foot par!:vray ~vidth shall be incorporated into the landscaping plan proposed adjacent to the open parNing areas. Both sidev;aL s knd ]andsca~ing shall be completed prior to final building and zo~-ing inspections. ~ THC- FOREGOING R6 OLUTION is signed and app ATTES T: -f.f. -1- z. -<.~ ~-~~, ~~~ ; SEI.'RETARY ANAHEIM CITY PLANNIMG COMMISSION STATF. Cr CALIFORNIq ) C.'OJIdTY OF ~RMJGr ) s~. CiTY ~F ~NA~iEIM ) me t"s 16th day of Apr ], 1970. NJ HEIM CITY PL ~~ NG O~dhiISSION I, Ann Kr~Ss, Secretary of the City Planning Commission of the City of P.naf~eim, do hereby cartify that thn foregoing resolution was passed and adopted at a meetinq of the City Planning Cornmission of the City of Anah~irn, held on April. 6, 1970, at 2:00 0'c1ocl: P.h1., by the following vote of the members thereof: AYGS: CON~MISSIOf~JERS: A11red, Farano, Gauer, Herbst, Thom, Howland. IdOE;;: COPJ~~dISSIOfJERS: None. APSCdT: COMMISSIONEfZS: Seymour. IN WITIJESS WHERFOF, I have hereunto set rny hand this 16th day of April, ]~~70. ~-t 1.~>c. 'J'~~" f:> S~Cf?ETARY APdAHEIM CITY PLAIJNIhdG CONJdISSIOtJ Res. No. 60 - ~