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PC 75-135. ~ RESOLUTIuP! N0. PC75-135 A RESOLUTIOW OF THE CITY PLADINING COMHiSS10N OF THE CITY OF ANAHEIM THAT PETITION ~FOR VARIANCE N~D. 2712 BE DENIED. 'WHEREAS, the City Planning Commission of the Cit~y of Anaheim did receive a verified Petition for Variance frc>m JOHN LY'LE CANNQN, 9052 Imperial Avenue, Garden Grove, California 92644 (4wner); MMhE f,LARK DEVE~LD~PMENT, INC., 3303 Harbor Boulevard, Suite K-11, Costa Mesa, Ca!ifornia 9~'~26 (Rgentl of certain real property situated in the City of Anaheim, County of Ora~~y~, State of California, descri5ed as: The South ha1f of the Southeasi ~~a~ter of 2h~e Southwest quarter of Section 13, Township 4 South, Range 11,West, San Bernardino Meridian, in the city of Anaheim, according te the officia1 pl~at thereof. EXCEPT therefrcm, thc We•sterly 336.00 feet thereoF. ALSO EXCEPT therefrom that portion thereof included w?thin the boundary lines of Tract No. 2228, as per map recorded in book 69 pages 34 et seq., of Miscellaneous Maps, in the office of thA county recorder of said county. ALSO EXCEPT therefrom that porLion thereof lying Easterly of the following described line: Beginnin~ at a point in the Southerly line of said South half, distant thereon South 89 59' 15" West, 160.00 feet from the Southwest corner of the land described in that certain deed to Ted F. Koblintz and wife, recorded November 3, 1947 in book 159~ page 203 of Official Records of said county; thence parallel to the Westerly line of said land of Koblitz, North 0° 9' 30" East to the Southerly l,ine of Tract No. 2223, hereinbefore mentioned in the second Exception, above; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on June 23> 1975, at 1:30 p.m., notice of said public hearing having been d~ly given as required by law and in accordance wikh the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider ev9dence for and against said proposed variance and to investigat•e and make find- ings and recommenc!aiEons in connection therewith; and WHEREAS, said Commission, after due inspection, inve5tigation 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 determine the following facts: 1. That the petitioner requests the following waivers from the Anaheim Municipal Code, to construct a 25-unit apartment compler.. (a) SECTIOh 18.34.062.012 - Maximum buildinq height. (b) SECTION 18.34.063.032 - Minimum recreation-leisure area. (5000 syuare ieet required; 50 square feet proposed 2. That Waiver 1-a, above-mentioned, is determined to be unnecessary since the adjacent agriculturally zoned property is developed a~ith a church. 3. 'fhat the petitioner stipulated to providing the min~mum ~ecreation-leisure areas in conformance with the Code requirements and, therefore, Waiver 1-b, above- mentioned, is withdrawn, 4. That there are no exceptional or extraordinary circumstances ~r conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 5. That the requested variance is r.ot necessary for the preservation and 'enjoy- ment of a substantial property right pc;ssessed by other property in the same vicinity and zone, and denied to the property in ques~inn. 6. That the requested variance will 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. RESOLUTION N0. PC75-~35 • ~ ~ ~ 7. That one (l) person appeared from the audience to inquire concerning the subject petition; no one tias present in opposition; and no correspondence was received in opposition to subject petition. ENVIRONK~NTAL IMPACT REPORT FINDItJG: That the Planning Commission recommends to the City Council that the subject project be exempt from the requirement to prepare an environmental impact report pursuant to the provisions of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Variance on the basis of the aforementioned findings. 1975. THE FOREGOING RESOLUTION is signed and approved by me this 23rd day of June, ~;>~~ CHA1 RFIAtd PRO T[MPORE ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~t,.u~u~~ c~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF GRANGE ) ss. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning 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 23, 1975, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIOWERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, FARANO NOES: COMMi5SI0NERS: NONE ABSENT: COMMISSIONERS: HERBST IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of June, 1°75. ~ . ~iQ'~-'r.~~cx~ SECRETARY, ANAHEIM CITY PLANNING COMHISSION -2- RESOLUTION NO. PC75-13'S