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PC 76-174~ ~ RESOLUTION N0. PC76-174 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 2841 BE GRANTED, IN PART. WHEREAS, the Anaheim City Planning Commisslon dPd receive a verified Petition for Vartance from WESTERN PLAY CARE, INC., 6752 Western Avenue, Buena Psrk~ California 90621 (Owner); CARL BELVEDERE, 6752 Wcstern Avenue~ Buena Park~ Lalifornia 90621 (Agent) of certain real property sltuated in ttse City of Anahetm, County G` Orsnge~ State of Callfornia described as: THE NQRTH 27fi.00 FEE7, MEASURED TO TF1E S~UTN LINE OF ORANGE4I~OD AVENUE, 40.00 FEET WIDE, OF LOT 14 OF THE fiRANGEW00D 7RACT, AS SHOWN ON A MAP THEREOF RECORDED !N 900K 7, PAGE 42, MiSCELLANE0U5 MAPS, IN THE OFFICE ~F THE COUNTY RECORDER OF SA1D COUNTY, EXCEPTING THEREFROM THE EAST 222,OQ FEET. ALSO EXCEPTiNG THEREFRQM THE WEST 3~7.00 FEEf. WHEREAS. the City Planning Commission did hold a publtc heartng at the City Hall In the Clty of Anahelm on September 13, 1976~ at 1s30 p.m.~ nottce of said publfc hearing having been duly given as required by law and in accordance wlth the provlslons of the Anahelm Hunicipal Code. Chapter 18,03, to hear and conslder evidence for and against satd proposed varlanca and to lnve~tigate and make findings and recommandatlons in connectlon therewith; and WHEREAS~ said Commisslon, after due inspectian, invmstlgation a~~d study made by ltself and in tts behaif, and after due consideratton o4 all evidence and reports offered at sald hearing, does flnd and determine the following facts: 1. That the petitloner pr~poees the following walvers from the Anaheim Muntcipal Code, to construct a 20<•unit apartment complex: (a) SECTION 18.34.662.012 - Maxlmum buildinc~ height. ((i sto~ perm tte ; 2 stortes prop~sed) (b) SECTIGN 18,34,C63.022 - Minimum slde ard sntback. (92 feet raqu red; 10 eet proposedj'- (c) SECT~ON 18.34.068 Re uired bloek wall. (6-foot masonr wa requ ~e ; none propose 2. That Waiver !-a, above-mentloned, is hereby granted on thc basis that the prcposed two-story bu7ldings are more than 150 feet Prom the existing single- family residentlal development to the south and the residentlally~zoned property to the east is ,vndeveloped and zoned agrlculturatly, and slmilar waivers have previously been granted by the Planning Commisslon; and, furthermore, the proposal will not be detrlmental to the araa. 3. That Walver 1-b, above-mentioned, Ts hereby granted on the basis that simiiar waivers havn been granted by thc Planning Commtseton. 4. That Walver 1-c, above-mr.~tioncd, is hereby denied on tho basis that the petltioner stipulated to constructing a six-f,ot h?yh masonry wall adjacent to the south end cast proparty lines, and a simllar wall is pr~~sently exlsting along the west property Ilne; provided, however, Chat the petitloner stipulated to constructing mn additional masonry wali approximately 4 feet ir, helght along the west property line adJacent to the existing well, to ~erve as a bufPer for the parking spaces. 5. That there are exceptional or extraordinary clrcumstances or condttlons applicable to the property invoived or to the intended use, as granted~ of thc property that do not appty generally to the: pro~erty or class of uee in the same vtcinity and zone. F.. That ehe requested varlance~ as granted, is necessary 4or the preservetlon and enJoyment of a substantial property right possessed by other property ln the same vicinity and zone, and donied to the praperty in questlon. RESOLU710N NU, PC76-174 ;~ ~ ~ 7. That the requested varlance, as granted~ will not b~ materially detrimental to ;he public welfare or injurious to the property or improvements in such vicinity and zone in Hh3ch the pro;~erty ts ]ocated. 8. That four (u) persons appeared, representing approxTmatety sTx (6) persons {:~esent at sald publlc heartng in opposltlon; ~nd that no corresporsdence was received 1~~ opposltion r,o subJect petition. ENVIRONMENTAL IMPACT REPORT FINDING: 7hnt the Anaheim City Planning Canmisston does her~eby recommend to the City Council of tha Ctty of Anaheim that the subJect proJect be exempt from the requlrement to prepare an environmental tmpact report~ pursuant to the provislons of the Californta EnvTronmental Quality Act. NOW~ TNEREFORE, BE IT R[SOLVE6 that the Anahetm City Planning Commission doas hereby grant, in part, subJect Pat!tlon for Variance~ upon the following conditlens which are hereby }ound to be a netessary prerequisite to the proposed use of the subJcct property ln order to preeerve the safety and general wclfare of the Cftizens of the City of Anaheim: 1. That thiz Vartance is granted sub)eet to the aompletion of Reciasslf(catian No. 7b-77-1k, now pendtng, 2. That sunJect property shall be developed subseanttally !n accordance with plans and speciflcatlons on file with the City of Anaheim marked ExhiSit Nos. 1 through 4; providcd, however, that a six-foot high mm3onry wall shali be constructed along the east and south property lines, and that a maeonry wall approximately 4 feet in height shall be constructed aci)acenr, to the existing six-foAt high masonry wall along the west property linn~ as stiputated to by t~to petittoner. TIIE FOREGOING RESOLUTION is signed and approv~yl/b~m~h1~13th day of Snptember 19J6. // ATTF.ST: ~~~~ r ~ , STATE OF CALIFORNIA ) COUNTY OF ORANGE )s5. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Commission~ dc hereby certlfy thet the forcgoing resotutlon was passed and adopted at a meeting of the Anahelm City Pianning Commis3lon, held on Seiptember 13~ 1976~ at 1:30 p.m., by the follewing vo4a of the members thereof: AYES: CONMISSfONERS: BARNES~ KING, MORLEY, TALAR, JONNSON NOES: COMMISSIQNERS: NONE ABSENT: COMM~SSIONERS: FARANO~ HERBST t976. IN iJ17NES5 l1HERE0F~ i have hercunto set my he.nd this 1.32h dxy ofi September ~ ~ ~ ~ 5 R A~~ AN NE *t i L N I N OMri ~S 10N -z- RESOLUTION N0. PC76-174