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PC 75-77--• ~ ~ ~ RESOLUTION N0. PC75-77 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANANEIM THAT PETITION FOR VARIANCE N0. 2690 BE CRANTED. WHEREAS, the City Planning Con~~nission of the City of Anaheim did receive a verifie~ Petition for Variance from EUGENIA L. SEPKO, 32'~3 Cabot Drive, apart- ment 4, Anaheim, California 92804 (Owner) of certain real property situated in the Lity of Anaheim, County of Orange, State of California, described as Lot 1 of Tract No. 5102 as recorded in che office of the Orange County Recorder; and WHEREAS, the City °lanning Commission did hold a public hearing at the City Hall in the CiCy of Anaheim on April 14, 1975, at 1:30 p.m., notice of said public hearing having been duly given as requir:d by law and in accordance with the provisions cf the Anaheim Municipal Code, Chapter 18.03. to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in co~nection therewith; and WHEREAS, said Commission, aftP:' due inspection, investigation and study made by itself and in its behalf, and after due consideration of all e~~idence and reports offered at said hearing, does find and determine the following facts: l, fhat the petitioner requests the following waivers from the Anaheim Municipal Code, to retain an apartment in a converted garage: a. SECTION 18.34.062.03Z - Minimum floor area. (700 syuare feet per unit required; 2~2 square feet existing) b. SECTION 18.34.066.012 - Minimum off-street parkinq. (10 spaces required; s aces existing) 2. That Waivers 1-a and 1-b, above-mentioned, are hereby granted for a time limitation of one (1) year, subject to review and consideration for extension of time upon request by the petitioner; said waivers being granted on the basis that the petitioner demonstrated that a hards;+ip would be creatarent oflthea'rorert rowner• granted since the converted garage houses an elderly p P P Y ~ provided, however, that in the event the subject converted garage ceases to be occupied by the elderly paren't of the subject present ~~roperty owner and/or the property changes ownership, then this variance shall become null and void. and the garage shall be reconverted to use for veh9cle parking. 3~ That there are exceptional or extraordinary circumstances or 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 samr. vicinity and zone. 4. That the requested variance is 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. 5, 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. 6, ihat the petitioner stipulated to complying with the Building, Electrical, Plumbing, and Mechanical Codes, as adopted by the City of Anaheim. ENVIRONI4ENTAL IMPACT REPORT FINDING: That the Director of Development Services has determined that the proposed activ~ty falls within the definition of Section 3.01, Class 1 of the City of Anaheir,i Guidelines to the Requirements for an Environmental Impact ReFort and is, therefore, cate~orically exempt from the req~~rement to file an EIR. RESOLUTION N0. PC75-77 _ .,__ ~'"'' ~ ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon :he following conditions which are hereby found to be a necessary prerEqliisite to the proposed use of the subject prop- erty in order to prese n~e the safety and general welfare of the Citizens of the City of Anaheim: (1) Plans sha71 be submittsd to the Building Division showing compliance with the Building, Electrical, P1um6Vmg, and'Mechanical Codes as adopted by the City of Anaheim, for the praposed occu~pancies and permits shall be obtained for any necessary work, as stipulated to by the petitioner. (2) That subject property shall be developed substantiaply in accordance with plans and specifications on~ file with the City of Anaheim marked Exhibit No, l. (3) 7hat Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to final building and zonin? imspections or within ~ period o~ iS0 day~s, whichever occurs first. (4) That a time lirnitation mf one (a) year shall be granted for ~the use re- quested in this varia~ce and, upon request by the pe~tition~r, an additional period of time may be granted upon approval by the Planning Commission and/or City Council; provided, however, that in the event th:_ subject c~onverted garage ceases to be occupied by the elderly parent of the subject present property owner,~nd/or the prop- erty changes owne~r'ship, then this variance shaUl become null and void, and the garage shall be retonverted to use 'for vehicle ~parking. THE FOREGOII~G FESOLUTION is si~n~J and approved by me th~s 94th day of April, 1975. C M, q~dA ITY NNING COMMISSION ATTEST; ~~~:.~aJ,B ,~--~--~-~-~ SECRETARY, ANAHEIN~ CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE )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 April 14, 1975, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST NOES: CQMMISSIONERS: NONE ABSENT: COMMISSIONERS: fARANO IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of April, 1975. ~ /`'" ,~G2~u%C~c~ SECRETARY, ANAHEIM CITY PLANN~NG COMMISSION -2- RESOLUTION P~O. PC75~77