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PC 75-124- ..~~ ~ RESOLUTION N0. PC75-124 A RESOLUTION OF THE CITY PLANNiNG COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0, 2705 dE GRANTED. WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Variance from CURCI-TURNER CO „ P. 0. Box 1457, Newport Beach, Ca. 92663 (~Wner); FRED J. BAR.BOUR, 1851 Elba Circle, Costa Mesa, Ca, 92626 (Agent) of certain rezl property situated in the City of Anaheim, County of Orange, State of California, deseribed as: That portion of L.ot Two in Tract No. 525, as shown on a Map recorded in Book 32, page 35 ofi Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the Northwest corner of land described in deed to Yardley Construction Co „ a corporation, recorded January 19th, 1951 in Book 2132, page 128 of Official Records, said point being distant South 74° 29~ 45" West 330.00 f-eet from the Northeast corner of said Lot Two; thence South 15° 27' 15" East along the West line of said land of Yardley Construction Co, a distance of 410.35 feet to the Easterly orolongation of the Northerly line of Lot One in said Tract No. 5Z5; thence South j4° 30' 00" West along the North ~ine of said Lot One and its Easterly prolongation a distance of 106,35 feet to the Northo-iest corner of said Lot One; thence Northerly alon~ the Westerly line of said Tract No. 525 e distance of 410.30 feet to the Northwest corner of said Lot Two; thence North 74° 29' 45'~ East along the North line of said Lot Two a distance of to6.61 feet to the point of beginning, Excepting therefrom the following: Beginning at the most Westerly corner of Lot One of said Tract No. 525; thence Northeasterly along the Plorthwesterly line of said Lot One, 80.35 feet to the most Northerly corner of said Lot Une; thence Northwesterly along the North- westerly extension of the Northeasterly line of said Lot One to a point in a line which is parallel with and distant Northwesterly 7 feet measured at right angles from the Northwesterly line of said Lot One: thence So~thwesterly along the said parallel line 80.35 feet to a pi::nt i=. ~t~ ;;o~thwesterly line of said Lot Two, and thence Southwesterly along said =.•~yo,s~~*r.rly iine to the point of beginning. WHEREAS, the City Planninc ~'•: `an d6d schedule a public hearing at the City Hall in the City of Anaheim on Jur• ',~i. 1~;7. at 1:30 p.m„ notice of said public hearing having be~n duly given a~ r~q'~'s:rad by law and in accardance with the provi- sions of the Anaheim Municipal Co~'~., Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommenda- tions in c~nnection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and does fi;~d and determine tha followin~ facts: 1. That the petitioner requests the following waiver from the Anaheim Municipal Code, to permit the continued outdoor storage of trucks and equipment in the RS-7200 (RESIDENTIAL, SINGLE-FAMILY) ZOPlE: SECTION 18.26.030 - Permitted uses. (Outdoor storage not a perroitted use) 2. That the ?lanning Commission hereby dstermines that the proposai, as presented, is an interim use of the subject property, said determination further substantiated •by the petitioner's statement that the existing lease of the property is for a maximum of one year; and, on the basis of the foregoing, the Pla~ning Commission hereby yrants the proposed use for a period of one (1) year, subject to review and consideration for extension of time, upon written request from the petitioner. 3. That the petitiener stipulated the trucks and equipment to be stored on the subject property will not exceed 5,500 pounds weight or one and one-half (1-ll'2) ton capacity or rating, and said trucks and r.quipment will be consCruction-type vehicles/ machinery. RESOLUTION N0. PC75-124 o~ . ~r l:~ u 4. That the petitioner stipulated to complying with the requirements for street and alley dedication; however, thP petitioner demonstrated that since the proposal was for an interim use and for a sho~t period of time, a hardship a~ould be created if the street and alley improvements were required at this time. 5. That the petitioner stipulated to installing cedar or redwood slats in the existing chainlink fence on the narth and east sides enclosing the subject use, and that the existing chainlink fence on the east side will be relocated in accord- ance with the full ultimate width of the alley. 6. •That the Planninq Commission he;eby determines that for the protection of the adjacent single-family neighborhood, approval of this Variance shall be subject to the petitioner providing access to the subject property from Lincoln Avenue only, and that no access of any kind shall be provided to Vine Street or to Cypress Street, and that no gates shall be provided to permit use of the alley abutting the subject property to the east. 7, That there are exceotional or.extraordinary circumstances or conditions applicab]e to the property involved or to the intended use, as granted, of the property that do not apply generally to the property or ciass of use in the same vicinity and zone. 8. That the requested variance, as granted, is necessary for the preservation and enjoyment of a substantial property right possessed by other propErty in the sart~e vicinity and zone, and denied to the property in question. 9. That the requested variance, as granted, wiil 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. 10. That three (3) persons appeared at said public hearing in opposition, representing approximately five (5) persons present in opposition; and petitions signed by approximately one hundred sixteen (116) adjacent property owners and residents in opposition, were received at said public hearing. ENVIRONMENTAL IMPACT REPORT FINDING: That the Planning Commission recommends to the City Council that the subject project be exempt from the requirenent to prepare an Environmental impact Report, pursuant to the provisions of the California ~nvironmental Quality Act. NOW, TNEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfarE of the Citizens of the City of Anaheim: l. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 30 feet in width from the centerline of the street al~ng Cypress Street for street-widening purposes, and a strip of land 10 feet in i~irlth from the centerline of the alley for alley-widening purposes, as stipulated to by the petitioner. 2, That trash storage areas shall be provided in accordance with approved plans on file with the office ef the Director of Public Works. 3, That this Variance is 9ranted subject to the owner(s) providing access for ingress and egress to Lincoln Avenue only, with no access of any kind being provided to Vine Street to the east or Cypress Street to the north or the public alley to the east. 4. That subject property shall be developed substantially in accord~nce with plans and specifications on file with the City of Anahe+m marked Exhibit No. l; provided, however, that any access gates presently provided to the alley abutting the subject property shall be eliminated, and the chainlink fence enclosing the subject use shall be interwoven with redwood or cedar slats, and that said fence shall be relocated in accordance•with the full ultimate width of the alley, as stipulated to by the petitioner. 5. That Condition Nos. 1 2, 3 and 4, above-mentioned, shall be complied with within a period of sixty (60) days from date hereof, or such further time as the Planning Comnission may grant. -2- RESOLUTION N0. PC75-124 _ . ~~ ~ ~ 6. That the trucks and e~uipme~t to be stored on the subject property shail not exceed one and one-half (1 1/2) tons or 5,500 pounds capacity or rating, and said trucks and equipment shall be construction-type vehicles/machinery, as stipulated to by the petitioner. 7, That this Variance is granted for a time limitation of one (1) year, subject to review and consideration for extension of time by the Planning Commission and/or City Council, upon written request by the petitioner. THE FOREGOING RESOLUTION is st9ned and approved by me this 9th day of June, 1975. CHA MA , AN ITY PLANNING COMMISSION ATTEST: ~ ' ,,~ ~Z'~l~ ~i~ .r~J SECRETARY, ANNHEIN CITY PLANNIN6 COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Patri~ia B. Scanlan, Secretary of the City Flanning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on June 9. 1975, at 1:3~ p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: FARANO, GAUER, JOHNSON, KING, MORLEY, HERBST NOES: COMMISSIONERS: TOLAR ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of June, 1975. ~ . ~ S~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- RESOLUTION N0. Pc75-124