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PC 73-161' RESOLU'~I N0. -- A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2531 BE GRANTED WHEREAS, the City Planning Commission of the Cicy of Maheim did receive a verified Petition for Variance from STANLEY C. IIARTO, 120 North Harbor Boulevard, Anaheim, California 92802, Owner of cerCain real property situated in the City of Anaheim, County of Orange, State of California, described as Lot 16 Block H, of S~:b-Division of Vineyard lot D-5 as per tnap thereof recorded in Book 17, Page 72 in MiscelZaneous Records of Los Attgeles County WHEREAS, the City Planning Commission did hold a public hearing at tt~e City Hall in the City of Anaheim on July 23, 1973, a4 2:OQ o'clock p.m., noUce of said public hearin5 having been duly gi~en as required by law and in accordance with the'provisions af the Anafieim Municipal Code, Cliapter 18.68, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its behalf, and after duc consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Thatthepetitionerrequests. variances from the Ananeim Municipal Code as follows: ~ SECTION 18.36.010 - a Permitted uses in the P-1 Zone. (Limited . commercial use of a portion of a multiple family dwelling proposed) SECTION 18.28.U50(6-a-5)_ b - Buiidin~ setback from alley. (15-foot setback . ~ required; 11-foot setback existing) , SECTION 18.28.050(6-b-2) - BuildinR setback from property line. (9-foot c. setback required; 5-foot setback existing) d. SECTION 18.28.050(S-a) - Recrestional area. (1050 square feet required @ ) istin t f g ex ee 35C square feet per unit; 300 sauare 2~ SECTION 18.28.050 1 e - Standard refuse stora~e area. (No standard refuse , . atorage are~ exiating) SECTION 18.28.050(10) f - Minimum number of required parking spaces. (3 . covered and 3 open spaces requir~ed; 1 covered and 3 ouen spaces proposed) 2. That there are exceptional or extraordinary circumstances or cond:Ltions applicable to the property ittvolved or to the intended use of the property that do not epply geaerally to the property or class of use in the same vicinity and zone. 3. That the requested variance is necessary for the preservation and enjoyment of a subsCantial property right possesaed by other property in Che same vicinity and zone, and denied to the property in question. DEV-Q6•E ~ ~ 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 5. That the petitioner stipulated to a time limitation of tw~ Years for the proposed use of subject property, and to limit the number of employees to himself and a member of his immediate family. 6. That one letter was receiv?d in opposition to waiver af the required parking. ENVIRONMENTAL IMPACT REPORT FINDING: That the Planning Commission, in connection with an Exemption Declaration Stutus request, finds and determines that the propusal would have no significant environmental impact and, therefore, recommends to the City Council that no Enviroumental Impact Statement is naces- sary. NOW, THEREFORE, BE IT RESOLVED that the Anal~eim City Planning Commission does hereby grant subject Petition for Vnriance, upon the following conditi~ns which are hereby found co be a necessary prerequisite to the proposed use of the subject property in orc~er to preserve the safety and general welfare of tha Citizens of the Ciryo uf ~naheim: (lj That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Harbor Boulevard for street widening purposes, and a strip of laad ten £eet in width for alley widening purposes. (2) That the owner(s) of su63ect property shall pay to the City of Anaheim the sum of $2.00 per fronL• foot along Harbor Boulevard for street lighting purposes. (3) That the final parking pian shall be approved by the Development Services D~tpart- ment, and any landscaped areas in the parkiiig area shall be protecced with six-inch high concrer.e curbs, and concrete wheel stops shall be provided for parking spaces. (4) That subjecC prop~rty shall be deveioped substantially in accordance ~aith plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. (5) That Condition Noc. 1, 2, 3, and 4, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior ro the time that the building permit is i.ssued, or within a period of one year from date hereof, which- ever occurs first, or such further time as Che Planning Commission may grant. (6) That in order to determine whether any adverse efiect will result from the grant- ing of L•he waivers, the Planning Cotmnission grants a two (2) year time limitation, after which consi.deration may ba given to whether the waiver should be extended, as stipulated to by the petitioner. (7) That the employees on subject Froperty sha11 be limited to one member of the petitioner's immediate family. THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of August, 1973. >~ ,~l,f/~'4-~ O ~_~~~ ~ CHAIRMAN ANAHEIM CITY PLANNING COMMISSION~ ATT.EST : ~~~~~ SECRETARY ANP~.~H IM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORAt~GE ) ss. CITY OF ANAHETM ) . I, Ann Krebs, Secretary of the City Planning Cocmniseion of the City of Anaheim, do hereby certify thnt the foregoing resolution was passed and adopted at a meeting of the City Pl.anning Commission of the City of Analieis, held on July 23, 1973, at 2:00 o~clock by the follawing vote of the members thereof: AYES: COMMISSIONERS: ALLRED, GAUER, KING, RCWLAND, SEYMOUR. NOES: COMMISSIONERS: NONE. ABSENT: COiR~1ISSI0NERS: FARAivO, HERBST. IN WITNESS WHEREOF, I have h2reunto set my hand this 2nd day of August, 1973. L~~~~-c'~ ~~ SF.CRETARY ANAHEII4 CITY PLANNING COMMISSION RESOLUTION N0. PC73-161 -2-