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PC 72-158~ ~ RESOLUTION N0. PC 72-158 A RESOLllTION OF TfiE CI'fY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2382 BE DENIED WHEREAS, the City Plenning Commiasion oE tha City o£ Anaheim did receive u verlfied Petition for Varience from CLARK WALTER and NANCY JANE WINGERT JR., Post Office Box 24, Vida, Oregon 97488, Owners; J. W. KLUG DEVELOPMENT COMPANY, INCORPORATED, 4540 Campus Drive, Newport Beach, California 92660, Agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, and described in Exhibit "A" attached hereto and referred to herein as though set forth in full. WHEREAS, the City Plnnning Commieslon did hold a public headng at the City Hell in the City of Aneheim on July 10, 19~Z et 2:00 o'clock P.Dt., notice oE seid publlc hearing heving been duly ~ven es required by lew end in accardence wlth the provtsions of the Maiteim Municipel Code, Chepter 18.68, to hear and consider evidence for end egalnat aeid pcopoaed vorience n.nd to lnvestigeta end make Eindings end recommendetions in connectlon thecewlth; en~ WHEREAS, seid Commission, efter due inspection, investlgetion, end study made by ltselE end !n ita behelf, and efter due conaideration of ell evidence and cepotts offered at seld 'nearing, does flnd end deteimine the following fects: 1. Thet the petltioner requeste var i ances f rom the Anahe i m Mun i c i pa 1 Code as fo 1 1 ows: Portion A a. SECTION 18.80.u90 - Minimum floor area. (~25 square feet required; 12 sq~are feet proposed) Portion :1 b. SEC'ilOh; 18.28•030 - Permitted accessory uses. (Recreational vehicle storage yard proposed; recreation~l vehicle storage area not permitted) _ _ . family residential zone. (One-story required; two stories proposed) d. SECTION 18.04,090(2-q) - Maximum wall heiqht in the setback. (42 inches permitted; u feet proposed) 2, That the petitioner proposes to develop Portion A with 16 R-2-5000 single family homes; and that Portion B is proposed to be developed with a 70-unit statutory condomi~ium in addition ~c a 14-space recreational vehicle ~torage area. 3. That since the reclassification of subject property has been recommended for dis- approval the proposed petition could not be utilized within the development standards of the er.isting zoning. 4. That considering the Commission and Council action on the adjacent property to the so~~t'.i, waiver 1(c) is totally inappropriate. 5. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the proper•ty that do not appl'~ generally to the property or class of use in the same vicinity and zone. o. That the requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in ~uesti~n. Vl-D -1- , o ~ :. ~~:ni:i,t i.r ti ~1~T~~~~~',`~A„ 'I~li~~ rsi:;tc ur it:l..rctl in 16~• l:itt~l Jr.~ ril~• ~. ~a' n•I~'r:•i•~l 1,~ in titi- ~ch~•~lul~~ cnt~•rr~l Lti :lii. rcporl i-: a i'~~.. 'fitic to ~~id c: t:ilc or inlcrc-l at thc dalc h~•n~uf i~ ~•r<~rvl in: CT,flRY, t), !/7'?CF,RT, JR., as Lc a:: undi~~ic:~d :evcn-ci.r.hus (7/8) intcres~, tu:1 11Ai:C1 i~:f:,~ui;i;'xs a~ to ~.n und:ivi^.eci c*.~,~-~iLhLh (1/3) i~<<.crest. TENTATIVE TItACT N0. 65u9 po t~.: s- ~ o N d~ --l FgT~.s (Portion within proposed R-2/5000) That portion of the south one-half of the norCheast quarter of Section 12, Township 4 South, Range 10 k'est, in the Rancho San Juan Ca~on de Santa Ana, in the City of Anaheim, County of Orange, SCate of California, as per map filed in book 51, page 10 of Miscellaneoue Ziaps, in ttie office of the County Recorder oE said County, described ns follows: Beginning at a point in the south line of the north one-half of esid south ~tte-half of the northeast quarter, distant thereon North 89° 52~ 10" EasC, 289.00 feet from the west line of eaid northeast quarter, being Lhe center line of Sunki.st Street, said point being the beginning of ~ non-Cangent curve concave easterly and havin~ a radius of 450.00 feet, a radial line of said curve to last said point bears South 83° 52~ 09" East; thence southerly, along said curve, through a cent:al angle of 20° 56' 13", an arc distance of 164.44 feet to a point of cusp wiCh a curve concave southerly and havin~ a radius of 452.00 feet; thence easterly. along last said curve, through a central angle of 22° 00' 33", an arc distance of 173.63 feet; thence, tangent to last said curve, North 89° 52' 10" East, 573.00 feet to r.he beginning of a non-tangent curve concave westerly and having a radius af 350.00 feet, a radial line oP last said curve ~o its point of beginning bears South 68° 40' S1" East; thence northerly, ulong last said curve, through a cenCral angle of 4° 37' 32", an arc distance of 28.26 feet; thence Nortti 89° 52' 10" East, 135.16 feet to Che westerly line of the land described in book 8659~ page 698 of Official Recorda of snid Orange County; thence, along last said westerly line, NorCh 6° 31' 29" East, 102.00 feet to the said soutli line of the north onc:-half of the south one half of the northeast quartrr; ~ o~ q ~~ thence, along last described south line, South 89° 52' 10" West,°859~bt'feet to the puint of beginning. ~2,.~1A 1516 ~~~q, ~O'~1 ~~ ~O ' ~~ ~ ~UN 19~~o N ~ ~ ~ s R c~r ~ w 2 ,t + n(~ 2 3 z~ \c, pJ`c,ON ~:+~ ~Y51\~AhCE N4. , P3s~ ~ ~ " J.N. 454 ~ Lc~al Dr_scriptions 6/13/72 Tentative Tract No. 6569 , Po2Tl~N ~ ;~.~=,- (Tentative Tract No. 6569 Excluding R-2/5000 Portion) That portion of the :~outh one-half of the northeast ~quarter of SecCion 12, Township 4 South, Range 10 Sdest, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, County of Orange, State of Cnlifornia, as per map filed in book 51, page 10 of Miscellaneous Diaps, in the office of the County Recorder of said Couaty, described as follows: Seginning at the iiitersection of the south line of the north one-half of said south one-half oi Lhe northeast quarter with the west line of said northeast quarter being the center line of Sunkist Street; thence, along last described south line, North 89° 52' 10" Eaet, 1248.13 feet to the westerly line of the lnnd described in t~ook 8659, page 698 of Official Records of said Orange Caunty; thence, along last said westerly line, South 6° 31' 29" West, 479.62 feet to the north line of Tract No. 6459, as per map filc:d in book 241, pages 3, 4 and 5 of Miscellaneous Maps„ records of said 0~'ange County; thence, along lasC said nor.th line, South 89° 52' 31" West; 1194.76 feet :c the said west line of che northeaat quarter; thence, alon~ last said wesL• line, North 0° 08' 10" East, 476.27 feeC to the point oL beginning. F.XCEPTING THEREFROM the westerly 57.00 feet thereof. ALSO EXCEPT THEREFROM that portion thereof described as followa: Seginning at a point in the south line of the north one-half of said south one-half of the northeust quarter, distant thereon North 89° 52' 10" East, 289.00 feet from the west line of said northeast quarter, being the center line of Sunkist Street, said point being the beginning of a non- tangent curve concave easterly and having a radius of 450.00 feet, a radial line of said curve to lasC said point beara Suath 89° 52' 09" East; thence southerly, along said curve, through a central angle of 20° 56' 13", an arc distunce of 164.44 feet to a point of cusp with a curve concave southerly and having a radius of 452.U0 feet; , thence easterly, a].ong laet eaid curve, thraugh a central angle of 22° 00' 33", an arc distance of 173.63 feet; thence, tangent to last said curve, North 89° 52' 10" East, 573.00 feet to the begir.ning of a non-tangent curve concave westerly and having a radiue of 350.00 feet a radia~~.~~e of last said curve to ite point of beginning beare South 68b 40'~I'~~J l IIBT,~; i~ thence northerly, along last said curve, through a cencral angle of 4° 37' 32", an arc distance of 28.26 feet; thence NorCh 89° 52' 10" F.ast, 135.16 feet to the westerly line of the land described i.n book 8659, Fage 698 of Officiul Records of suid Orange County; thence, along last said westerly line, North 6° 31' 29" East, 102.00 feet to the said south line of the norCh one-half of the south one-halE of the northeast quarter; ys~,6/ thence, along last described south line, South 89~ 52' 10" WesC,.$s~~s7. ~ feet to the point of beginning. ~ r. i ~ 7. That the requested variance will be materially detrimental to the public welfare ur injuriuus to the property or improvements in such vicinity and zone in which the property is located. 8. That three persons appeared in opposition representing 30 persons present in the Council Chamber also in opposition, and that petitions signed by persons representing 73 r•esidences in the immediate vicinity, were received in opposition. NOW, THERF.FORE, HE IT RESOLVED thet the Anahelm Clty Planning Commission doea hereby deny subject Yetition for Verience on thc basls oE the eforementioned flndinge. THE F~REGOING RESOLUTION is aigned end epproved by me this ~ Oth day~ Ju 1 y 1°72. CIT'Y AYES: COMMISSIONERS: ALI.RED, FARANO, GAUER, HERBST, KAYWOOD, ROWLAND, SEYM4Ufi NOES: CONiMISSIONERS: NONE ABSENT: COAtMISSIONERS: NONE IN WITNESS WHEI2EOF, I heve hereunto eet my hend thls 20th day of Ju 1 y 1972 • i~7V?t~/ SECRETARY ANAHE CITY PLANNING COMMISSION ATTEST: ~°~ ~~~~ SECRETARY ANHHEIM CITY PLANNING COMMISSION STATE OF CALiFORNIA ) COUNTY OF ORANGE ) eg• CITV OF ANAHEIM ) I, Ann KrebsSecretery of the City Plnnning Commisalon oE the City of Annhelm, do hcreby eeRity thet the Eorr going resolutton wes pasaed end edopted ac e meeting of the City Plenning Comsisalon oEthe City of Anahefm, held oa Ju 1 y 10 , 1972 et 2:00 o'clock P.M., by the following vote oE the members thereoE: RESOLUT[ON NO. PC 72-158 V2-D _y.