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PC 76-176~ ~ RESOLUTiON Mu. PC76-176 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 2843 BE GRANTED. WHEREAS, the Anaheim City Planning Commisslon did receTve a verified Petition for Varlance from N. R, HART, 1825 Beryl Lane~ Newport Beach, Californla 92660 (Owner); BILL PHELPS, 1095 N. Main, Sulen S~ Orange, California 92667 (Agent) of certain rcal property situated ln the Ctty of Anaheim~ County of Orenge, 5tate of Californla desc~ibed as: THE EAST 253.00 FEET Of THAT PORTtON OF THE NORTIi 15 ACRFS OF THE EAST HALF OF THE SOUTHEAST QIIARTER OF THE SOU7HEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE il WEST, IN THE RAN~HO LOS COYOTES, IN THE C~TY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFtlRNIA AS PER NAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFtCE OF THE GOUNTY RECORDER OF SAID COUNTY DESCRIBED AS fOLLOWS: BefINNING AT A POINT ON THE EAST l.iNE OF SAID SECTION~ NORTH 0° 13' ~7" WEST 328•29 FEET FROM TNE SOUTHcAST CORNER OF SAID SECTION, SAID POtNT BEIHG THE NORTHEAST CQRNER OF THE SOUTH 5 ACRES OF SAID EAST NALF AS SI10WN ON A MAP fILED IN BOOK 37 PAGE 24 OF RECORd OF SUR'VEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENf.E SOUTH 89° 40' 43" WEST 512.54 FEET ALONG THE NORTH LINE OF SAID SOUTH 5 ACRES TU THE BEGINNING Of A!!ON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 969.50 FEET l1 RADIAL LINE FROM SAIO POINT BEARING SOUTH 51° 52' 3~" EAST; TNENCE NORTHEASTERLY 304.69 FEET ALONG SAID CURVE TO A LINE TANGEtlT; THENCE NORTH 50° 07' S0" EAST 3~~+.WO FEET ALONG SAID TANGENT LINE TO A LIIIE PARALLEL WI7N AND 53.OQ FEET W'eSTERLY FROM THE EAST LI~E OF SAID SECTION; TH~HCE NORTH O° 13~ 47" WEST 39.61 FEET ALnNG ~AID PARAILEL LINE; THENCE NORTH 50 07' S0" EA57 68,82 FEET TO TNE EAST LINE OF SAID SECTION; THENCE SOUTH 0° 13~ 47" EAST 525.06 ~EET TO THE POINT OF BEGINNING., EXCEPT THE SOUTH 2O0.00 fEET tHEREOF. AL50 EXCEPT THAT POMTION TH~REOF WITHIN MRGNOLIA AVENUE. WNEREAS~ the City Planning Commisslon did hold a public hearing at the City Nall in the City of Anahnlm on September 13, 1976, at 5:3~ p.m., notice of said publlc hearing having been duly glven as requlred by lsw and in aceordance wlth the provlsions of the Anahelm 1lunici~sl Code, Chapter 18.03, to hear and consider nvidence for and against sald proposed variance nnd to investlgate and make findings and rncortxnendatlons in connectlon thePewlth; and WHEREAS, sald Commission, after due Inspection, investigation and study made by ttself and In its behalf, and aftcr due consideratlon of al! evldcnce and reports o4fered et sald hcaring, daes find and determine tht following facts: S. That the petitloner proposes the following waiver from the Anahetm Municipai Code, to construct an f0-unit apartment complex: SECTIO;~ 18~34~A,.L,~tt - Minimum distance be[wcen bulidtn s. (26 26 and --"- ~ _~eet reGu re~3. , an ~eet proaosed 2. That tF:c above-mentlonad r~aiver fs hereby granted on the basis t~~~t the patitioner demonstrat~:d thaC a hs~•dship would he created if sald watver were not granted, said hardship heing the size ~nd shape ot che subJect property for the use proposed. 3. That there are exceptlonal or extraordlnnry circumstanccs or conditions applicabie to the property lnvoived or to the intended use of the property that do not epply gerierally to the property or class of use In the same viclnity and zo~e. 4. That the requested variance is necessary for the preservation and en)oyment of e substantlal property right possessed by other property in the same v(ci~ity a~d zr~ne~ and denied to the property In questlon. $. Thet the requested varlance will nat be materlally detrimental to the publlc welfare or In)urious to the propers-y or Improvements Ir~ such vicinlty and zonz In which the property f3 locsted, RESOLUTION N0, PC76-176 ' ~ ~ 6. That one (1) person appeared representing two ~''.) p~rsons present at said public hearing ln opposition and presented a letter in opposltTon c~ t`ie subJect petitian. EN~/IRONHENTAL (MPACT REPORT FINDING: Thai the At.aheln~ City Planning Commisslon oes ereby recommend to the Clty Council of the City of Ant,heim that the ~ubJeet proJect be exempt fror.i the requlrement to prepare an environmental lmpact report~ pursuant to the provlslons of the Callfornta Environmental Quallty Act, ' NOW, THEREFORE, BE IT RESOLVED that the Anahelm City Planning Commission doea hereby granC subJect Petition for Varlance, upon the following eonditlons which are hernby found to be a necessary prerequlsite to the proposed use of the subJect property In order to preserve the safety and general woifare af the Cttizens o4 the Clty of Anahelm: .~ 1, That this Varlance ls granted sub)ect to the compietion of Reclasslficatlon No. 76-77-15, now pending. 2. That subJect property shall ba devc:toped substantlally in accordanee with plans and specifica~fons on f11e ~tth thn City of Anahelm marked Exhlbit Nos. t through 3. THE FOREGOING RESOLUTION ls slgned end appro by me this 13th d8y of September 1g76. / HAIRMAN~ ANA M CI L NNING CQMMISSICN ATTEST: ~ • ~ ,~~'~~.~ E R ~ N MEtM CI L NN N~ M S N STATE OF CALIFORNIA ) COUNTY Of ORANGE )ss. CITY OF ANAHEIM ) I, Patricla B. Scanlan, Seeretary of the Anaheim Clty ?iannTng Commission~ do hereby certlfy that the foregoing resolution was passed and adoptec~ at a meeting of the Anahelm Clt~ Planning Ca~miseion, held on SepYember 13, 197~. at 1t3~ p.m., by the following voee of the members thereof: AYES; COhMISSI0NER5: BARNES, KING, MORLEY, TOLAR~ JOHNSON NOES: COMM15510NER5: NONE ABSENT: COMMISSIONERS: fARANO~ HERAST IN WITNESS WHEREOF~ ( have hereunto set my.hand this i3th day of September 1976. .~~.J ,~ ~~..~:~ SE RE AR ~ ANAH M CI LAkNtNA OMMt5516N °2- RESOLUTION N0, PC76-176