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PC 71-54f.. .~ RESOLUTION N0, ~~ PC71•54 A RESOI.UTION OF THE CITY PLANNIN(i COMMISSION OF THE CI1'Y UF ANA,HEIM THAT PETITION F'OR VARlANCE N0, 2238 gE APPROVEp ~Y ~ WHEREAS, the City Plonnin~ Comml~~lon of the City of Anaheiro did receive a veriEled Petition for Verlence from AUGUST VILJAK, 511 North Zeyn Street, Anahcim, California 92805, C)wner of certai.a real property situated in the City of Anaheim, County of Orange, Srate of California, dea~ribed as Lot 5 in Black 2 of the "Weat Broadway Tract'~, as ahown on a map thereaf recorded in book 4, page 88 of Miscellaneous Mapa, records o£ said Orange County. WHEREAS, the Clty Planning Commlesion did hold a public :-eadng at the City Hell in the City oE Anaheim on April 5, 1971 at 2:00 o'clock P.M., notice of said public hearing having been duly given es requlred by law end in ecoordence with the provieions of the Annh~im Municipal,Code, Chepter 18.68, to hear and cos~sider evidence for and agslnst said propoeed varience end to investigate end make findings and recommendations in connection thorewith; end WHERRAS, seid Commission, after due inapectton, invest:getion, and study mede by itself end in its behalf, end efter due consideration of ell evidence end reparta offered at aeid hearing, does Eind a~d determine the following facte: 1. Thet the petitioner requests a varlance from the Aneheim Munlcipal Code Sections: a. 18.28.050(10) - hiinimum :~umber oi required oft-street parlcinQ apaces. b. _18.28.050(3-a) - Minimum reauired floor ~re~ c. 18.28.050(6-a_4j -~tinimum reautred sLde vard d. 18.28.050(6-b-2 ) - Minimum required side vard. (14 feet requ~ ~~, 0-feet pro~osed; 15 f.eet required, 1?. feet , •~ ~.~rl; 12 feet required; 8 feet proposed). e. 18.28.050(8) - Minimum required recre~Ciuur~l ac•ea, !1(1pp s~~uArc ~ feet requir.ed; 705 squpre feet propoa ed). ~• ~ A ~ 2. 1'hat the petitioner proposes a 5-unit, two-story apartment compleYe 3. That waivers Z-a, 1-b, and l~c, above mentioned, have been withdrawn as these wai.vers were no longer neceasary. 4. T'hat waivers 1-d, and 1-e, above mentianed, are granted on the basis that the size an~l shape of the parcel is such that development at the property wi.thin the confines of the zontng ordinance would be impractical. S. That granting these waivers shall not be deemed as setticig a precedenl for similar requests in the R-3, Zone, since proof of hardship tnusc. be dEmonstraL-ed. 6. That there are exceptional or ektr.aordinary circumstances or conditions applic~ble to the property involved or to the inteaded uae of the property that do not apply generally to the property or class of use in the same vicinity and zone. 7, 'I'het the r~quested variance I.s necESSary for the preservation and e~i,joyment of a s~.ih- stantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 8. That ttie requested variance will nat be materially del-rLmental ~o ~he public well`are or in3urious to the property or improvements in such vicinity and zone in which tlie property is locbted. ~ r " ~ . ' r i Nt~W, ~1'~{ERET'OR~, 8E IT RC'SOLVED thnt the 11nAheif7i~City Planning C~mmission does hcr.~hy grant subject Varianco, upon the following c~nditiona which ar.e her~~by found to be a nor~0838Yy preraquisito to the pr.aposod uae o£ the subject ro~ rt: in ordor to preserve the safety and genaral wclfare o£ ~he Citizens , oE ~~e City of Anaheim: (1) That the ~wners aE subject property shall deed to the City of Anaheim a s~rip of land 10 feot in width Erom the center].ine of thc al].Qy ori ~ho west fo.r a11ey widening purposes. ' (2) That the owners of subject property 9ha11 pay t.o the Cit•; o£ Anaheim the appropriat:e park and recreation in-lieu Eees as determined to be appropriat~ by the City Counci]., satd fee~ to be paid at the time the buil.ding permit is i~suod. ~~ (3) That trash ytorag~ areas shall be provided in accordance with ;; ap~roved plans on file with thc~ o.El:lce o.f the Director of Public Works. ~ :;i; ~~ (4) That fire hydrants sha11 be installed as requxred and determined ;fk to be necessary by the Chie£ of the Fire Department. , .~ ,,, `~<) (5) That all air conditioning faci.lities shall b~ properly ahielded "+•.1~ from view and the sound buFfered from adjacent praperties. '~ -. -.a; ~ (6) mhat subject proper~y sha11 be served by underground utilities. `4 ~ (7) That subject pronerty shall be develuf~ed substantially in accord- ~~ ance with plans and sprcificati.on~, on file with the City of Anaheim marked ~ Exhibit Nos. 1 and 2, Revision Ne. 2. (8) That Condition No. 1, above mentioned, shall be complied with prior to the commencemPnt of the activity authorized under this reso].ution, or prior to the time that the buildinq permit is issued, ~r within a period of ., 180 days from the date hereof, or such further time as the City Council may ';3 grant. ~ ,~ (9) That Condition Nos. 3, 4, 5, 6, and 7, above mentioz~ed, shall -, be complied with prior to final buil.ding and zaning inspections. 1: ~*' .~;,.~ ~:;t THE FOREGOING RESOLUTION is signed and approved by me this 15th day !,~ of April, 1971. / ~ ~! 9 / ' / ~ .~ ~~ \ ; .~ ~ -~'~~ ,: 1 J L. ~Li~,*.. ,y , / ' / ~ ~..~ ap~•~i". - ""CHAIRMAN A~IA E-.iM CITY PLIIMDIING COMMISSION ~ :+~ ATTEST: i ;~~; ii';; ~ ~~ ,~L/l-2.--v~~ ~T'2.,c-f~'~z.-- f''+ SECRG'T11RY ANAHE M CITY PLRNNING COMMIS5ION ~ '.~ ~.~.'~ I, Ann Krebs, Secretary of the Ci.ty Planni»cJ C~mini•~sion of the City ot An:il~~~in~, ~ do hereby certify that the foreyoing resolution was passed and adopt~~9 at ~ s~; meeting ~f the City Planning Commission of th~~ Ci.ty of nnahr~ i.m, t~c~l.cl ~~n ;{ April °~, 1971, at 2:00 o'clock P.M, , by i:he following vote t.f tl~c memLers ';; thereo C : I ~; ~~;t AYES: COMMISSIONERS: Allr~d, Farano, Gauer, Herbst, Kaywood, fi Rowland, Seymot~r.. ;, I ~'~ ~~;~,' No~;5 : COMMISSION~RS : None. AB~ENT: COMMISSIONERS: t~one. IN WITNESS WHEREOF, 2 have hereunto set my hand this 15th day of Apri]., 1971. ~ ~ ~ LL~.-72 % ~~' " _~:?_,_i SECRETARY ANAHL•:IM CITY PLANNI[VG COMMISSION 71-54 - --_..,. ~ ~ r.