PC 75-227~ ~
AF~OLUPIOb] No. PC75-227
A RF.SOLUPION OF Tf~ CITY PIAN[4ING CONd~IISSION OF Tf~ CITY OF ANAF~IM
TI~iT PETITION FOR VARIAI~ N0. 2739 SE GRANrED~ IN PART.
t,hIEREAS, the City Planning C.c~mission of the City of Anaheim did receive a
verified Petition for Variance fmr. ED~V~.RD R. MERGER, et al, 1282 East Santa Ana~
Anaheim, California 92504 (Owner); E. J. ~f~~•r. &~., 720 S. ~clid Street, Suite
9, Analieim, Cal_fornia 92804 (Agent) of certain real property situated in the City of
Anaheim, County of Orange, State of. California, described as:
The lami referred to in thi-s report is situated in the State of Califernia, County of
Orange and is described as follows:
That portion oi the Northeast Ten (10) acres o£ the Nortknaest quarter of the
Southwest quarter of Section 17, Township 4 5outh, Range 1Q West, S. B. B. & M.,
described as follaws:
}3eginninq at a poiilt on the North line of said Southwest rn,~*"*err said point being
South II9° 53' 31" West 240.50 feet fran the Northeast oorner of said ten acres;
thence wntinuing South 89° 53' 31" West 161.61 feet; thence South 0° 06' 29" East
310.08 feet; thence South 89° 29' 49" East 1J.9 feet to a cw.ve concave,
Southeasterly, havinq a radius of 80 feet and a radial line through said poi.nt bears
North 89° 29' 49" West; thence Northeasterly along said curve through a central angle
of 61° 32' 05" a distance of 85.92 f~t; thence North Q° 05' 29" West 242.27 feet to
the point of beginning.
W~S, the C:ity Planning Camu.ssion did schedule a public hearing at the
City Hall in the City of Anaheim on Oct.oUes 13, 1975, at 1:30 p.m., notice of saicl
p~il~lic hearirx~ havin4 ~'•en duly given as requised by law and in accordanGe with the
provisions of the Anal~eim Municipal Cocie, Chapter 18.03, to hear an3 oonsi3er
evidence for and against said pr~posed variance and to investigate and make Findings
and reca~mendations in connection therewith; sai-d 1~ublic hearing havin4 been continued
tp the planninq Co[[missian meetincg of October 29 and November 10, 1975; and
W~1S, said Ca~mission, after due inspection, investigation and study made
by itself arxi in its behalf, and after due consideration of all evidence and reports
offered at said hear~ng, dces fincl and determine the follow.ing facts:
1. That the petitioner requests the following vraivers fran the Anahein
Municipal Code, i:o establish four (4) lots:
a. SEGTION 18.01.13~J - Re » ement that all lots al~~t a public
street. (2 lots abut a pmposed private
stseet)
b. SECPION 18.26.061.020 - Minim~nn lot width. (70 feet required;
20 'ee~ propos~ij
c, SECrION 18.26.065.010 - Requiranent• that single-£amily residences
rear on arterial yhways. (2 lots
g.roposed to ront on an arterial tughvray)
2. That ~4aiver 1-a, above~nenti~ned, is hereby granted on the basis that
the P1aruLing Cacrtu.ssion has previously grantecl similar waivers when a private street
is provideci and deveZopeci i~ accordance with City staix3ards.
3. That Waiver .l-b, above~-nunti.oned, is hereby denie~l on the basis t1~at,
if the subject property is devel~ped, as proposed, said ~ waiver ~,vuld rrot be
necessary. '
4. That Waiver 1-c, abovey~ntioned, is hereby granted on the basis of
harciship due to the shape of subject property, and on the basis that many other
parcels in the area have been developed to both front and side-c~n Orange Avenue.
5. That these are exceptional or extraord; ~r';~ cire~anstances or co ~i~ioa
applicable to the prope=ty involved or to the intended use of the propPSty
rot apply generally to the property or alass of use in the s~ne vicinity air3 zone.
F~SOLITPION N0. PC75-227
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6. That the requesteci variance is necessazy for the preservation and
enjoyment of a substantial property riglit possessed by other property in the same
vicinity and zone, and da~ied to the property in czuestion.
7. That the requested variance will not be materially detrim~ital to the
public welfare or injurious to the property or improvanents in such vicinity and zone
in which tlie pmperty is located.
8. That one (1) person appeared at said public nearing in opposition to
subject petition; aixi said pPSSOn a],so ~+,r+~+;tted corresoo:xlence in opposition to
subject petition.
ENVI~~ITAL 1MPACP REPORT FINDING:
That the Planning Crnmission dces hereby reo~mend to the City Cauncil that
the subject project be exenpt fxtim the requirenent to prepare an envirormiental impact
report, pursuant Uo the ~rovisions of the Califo.rnia EnvirormienYal Quality Act.
NOW, TI~I~F'OI~, SE IT RESOLVED that the Anaheim City Planning Caimission
dces herel~y grant, in part, su;,~w petition for Variance, upon the f~llowing
wnditions which are hereby found to bc: a necessary preregui.site to the propc~sed use
of the subject ProPertY in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That this variance is granted subject to tha oa~letion of
Reclassification No. 75-76-6. •
2. In the event that subject property is to be divided for tlie purpose of
sale, lease, or financing, a parcel map to record the appraved division of subject
proPert-y shall be suksnitted to and approved 1~ the City of Anatieim and then be
recoxtled in the office o£ the Orange Caunty Recorder, prior to the curtnencanent of
the ac~ivity authorizeci under this resolution or prior to the time that the building
petmi.t is issued.
3~ That all private streets shall be developed in accordance with the City
of Anal~eim s starYiazds for private streets.
4. Ttiat subject property sha11 be developed subsranti.ally in accordance
with plans ar~ci specifications on fa.].e with t~e City of Ananeim marked LSchibit No. 1;
Provicied~ however, that all building se*hacks acljacent to Orange Avenue sha11 have a
mininnan depth ef forty (40) feet in acao~r]ance with City Cauncil Policy No. 538.
THE EUREGOIIIG RESOLLTPION is signed and approved by me thi,s lOth day of
Noven~er, 1975.
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C~~~7~~IEIM I4^_' PI~1IdNIIQG ~'NIISSION
ARi;Si :
S~REPARI', ANAHEINI CITY PLAI~ILNG COPMffSSION
S?'nTE OF CALIE'OR[QIA )
COUNTSC OF ORANGE ) ss.
CITY OF ANAHEIi~q )
I, Patrici.a B. Scanlan, Secretary of the City Planninq Camiission of the
City of Anaheim, do hereby certify that the foregoing reso].ution was passed anci .
adopted at a nieeting of the City Planning Ca~mission of the City of Anaheim, held on
tlovenber 10, 1975, at 1:30 p.m., by the follaaing vote of the menbers thereof:
AYES: COAR~'~SSIONr~tS: KItIG, MJRLEY, ~LAR, FARFINO
tJ~ES: CQt+AffSS2U~FLS: BAF~IF.S~ HEIiB.ST
ABSENT: CQ~R~ffSS20I~: JOHNSON
IN WITNESS WF~RDOF, I have hereunto set my hanci t.his lOth day o£ Novanber,
1975.
/G~e~.~cJ ~• ~C!~~~
' ARY~ ANF1IiEIP1 C TY PLAI~L~T2NG OC1~T¢SSION
-2~ RESOITJrI~N N0. PC75-227