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PC 73-50_ ° ~ ~ L RESOLUTIONNO. PC73-50 ~1 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE C1TY OF ANAHEIM THAT PBTI'T10N FOR VARIANCE N0. 2438 BE DENIED WHEREAS, the City Planning Commission of the City of Maheim did receive a verified Petition for Variance from RICARDO DURr1N, 301 North Bluerock, Anaheim, California 92806, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, des- cribed as Lot 7 in Block 1 of the Olive Street Tract, as per Map recorded in Book 5, Page 3 of Miscellaneous Maps, in the office of Che Recorder of said county; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on March 19, 1973, at 2:00 o'clock p.m., notice of said public hearing having been duly given as required by law and in accordance with the'provisions of the Maheim Municipal Code, Chapter 18.68, to hcar and considcr evidence for and ngainst said proposed variance and to investigate and makc findings and recommendations in connection thercwith; and WHEREAS, said Commission, after due inspcction, investigation, and study made by itself anJ in its bchnlf, and after due consideration of all evidence and reports otfered at said hearing, does find and determinc the following facts: 1. That the petitioner requests:~r1'us-cas , from••~t,he AnaheL~1R'•~f~Ynicipal Code as followe: a. SECTION 18.28.050(6-b-2) - Minimum s~de setback. (9 and 10 feet required; 7~ 5.5,and 0 feet proposedl b. SECTION 18.28.050 10 - Minimum number of required off-street parking stalls. (4 proposed; 7 required) c. SEC'fION 18.28.050(6-b-1) -- Minimum diatance between parallel walls of the same building. (8 feet proposed; 22 fee reguircd) d. SECTION 18.28.050(3-a) - Minimum unit f.loor.area. (825 sauare fe0t requir~ 758 equare feet proposed) (This waiver is no langer necessary) e. SECTION 18.28.050(7-d) - Minimum pedestriaa_r,ccesswav. (S feet required; 3 feel' proposed) 2. That the petit±oner proposes to establiah a three-uniC, ~wo-story apartment build- ing on subject property retaining the existing single Eamily atructure to the front of the property. 3. That the proposed developrnent of subject property is too intense to pr.ovide the proper amenities needed for an adequate living environment. 4. That the full inteiit of zoning suUject property to R-3 years ago wae to allow the property owners the means of development of the ptoperty with new units, however, the old existing structurea should be remaved. 5. That the Commiesion had granted aix continuances to the petitioner in order for him to solve the development problema and to incorporate suggeatione of the Planning Com- mission into revised plans, however, the petitioner elected to have the Planning Commission consider the original plans submitted, aCating these provide the only manner in wnich aub- ject property should be developed. Vl-D - 1 - DEV-66•E .. ~ _ . ~ 6. That granting subject petition would be granting a right to the petitioner not enjoyed by other properties in this same general area. 7. That the reyu~Bted 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 question. S. That the requested variance will be materially detrimental to the public welfare and in~urious to the property or im~rovements in such vicinity and zone in which the prop- erty is located. ENVIRONMENTAL IMPACT REPORT FINDING: That the Planning Commission, in connection with an Exemption Declaration Status request, finds and determines that the proposal would have no significant environmental impact and, therefore, recommends to the City Council that no Environmental ImpacC Statement is neces- sary. .. .. . , ~ ~: NOW, THEREFORE, BE IT RESOLVED that the Maheim City Planning Commission does hereby deny subject Petition for Variance on the basis of the aforementioned finds. THE FOREGOING RESOLLTCION is sigted and app ATTEST: SECRETARY ANAHE[M CITY PLANNING COMMISSION SfATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C1TY OF ANAHE[M ) I, Ann Kreba, Secretary of the City Planning Commission of the City of Anaheim, do heteby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of thc City of Anahcim, held on March 1:, 1973, at 2:00 o'clock p.m., by the following votc of the members thercof: AyE$: COMMISSIONERS: ALLRED, FARANO, GAUER, HERBST, KAYWOOD, ROWLAND, SEYMOUR. NOES: COMMISSIONERS: NONE. ABSENT: COMMISSIONERS: NONE. IN WITNESS WHEREOF,1 have hercunto set my hand this 29th day o f Merch, 1973. SECRETARY ANAHEIM ClTY PLANNING COMMISSION RESOLUTION NO.PC73-50 V2-D - Z -