PC 76-85! '- ' ~
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RESQLUTION N0. PC7f>-$5
A RESOLUTION OF THF APlANEIM CITY PLRMNING COHMISSIOH
Tt~AT PETITIOM FOR VAP,IAMCF. NQ. 2803 Bt DFMIED.
UHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for VariancP from RILL J. RARDON, 312 E. Broadway, Anahelm, California 42PQ3
(O~mer) of certain real property situated in the City of Anaheim, County ~f Orange,
State of California described as:
The East 26' of Lot 3 ancl the West 37' of L~t ~~, Block "L" of the Konig
Subidvision, in the City ~f Anaheim, as shown in Rook 1, ~a~e 131, t4lscellaneous
flaps, records of Oran9e County.
WHEREAS, the City Planning Commission did hol~i a ~uhlic hearin~ ~t the City
Ilall in the City of Anaheim on April ?(, 1`.17h, at 1:3~ P•m., notice nr' sairl public
hearing having been duly niven ]5 re~uirecl by lao-i and in accordance ~~ith Che
provis'ons of the Anaheim Munir.inal Cor3e, Chapter 1s.~3, to hear and consider
evidence for and against satd nro,r.osed variance and to investigate and make findinqs
and recommendations in connection therev~ith; and
k'HEREAS, said Commission, after due inspection, investigation and stu~ly made
by itself and in its behalf, anri after due consideration ~f all evidPnce and reports
offered at said hearing, does find and dr.termine the foltooring facts:
1. That the petitioner proposes the. following iuaivers from the Anaheim
Municipal Code, to establish an apartment:
a. SECTIQN 18.3h.062.~37_
b. SECTIQN 13.31F.~G3.~23
c. SECTI01! 1?,.3h.n~;.011
d. SECTI0~1 1$.34.~6f5.012
Minimum floor area. (7~~ s uare feet
requ~~~5~ sq~ere feet proposed
Minimum structural setback. (5 feet
required; 7. eet, inches proposed
Minimum distance het~~ieen araliel walls.
17 eet required; , eet, ~nches proposed}
Minimum numher of ~rkln s aces.
5 spaces re~uired; 2 spaces prooosed)
2, That the above-mentioned waivers are hereby denied on the hasis that
the ~roposed conversion would expand an existing had situation because the existing
building proposed for conversion to an apartment was originally not built as a
residence but as a pumphouse; because said building has an interior setback one-half
the minimum required for residential buil~iings and, additionally, said mi~imal
setback is proposed adJacent to the property line abuttinct other residential
structures which ware constructed in compliance aiitli Code requirements; anci that the
number of site development waivers necessi[ated by the proposed conversion indicate
an over-devAlopment of suhject site which would be detrimental to the peace, health.
safety and general weifa~e af th~~ arijacent residcnts.
3. That there are no exceptional or extraordinary circumstances or
conditions applicable to thP property involve~l 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.
4. That the requeste~l variance is not nec~ssary for the preservati~n and
enjoyment of a subsCantial prc,perty right possessed hy othPr pr~perty in the same
vicinity and zone, and denied to the Qroperty in question.
5. That the requesteJ variance will be mat~rial?y d~tri~,ental t~ the
public o-~elfare or injuri~us to the pro~erty or improvements in such vicinity and rone
in o~hich the property is l~cated,
6. That one (1) person appeared at said publir, hearin9 in opposition; and
no correspondence was received in oppositi~n to suh,ject p~tition,
RF.SQLUTION N0. PC7Fi-R5
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EtIV I RONMEP~TAL I MPACT REPORT F I ND I NC,:
That the Director of the Planning Department has determined that the
proposed activity falls within the definition of Secti~n 3•^~, Class 1, of the City
of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR.
NOW, THEREFORE, PE IT RESOLVED that the Anaheim City Planni~g C~mmissioro
does hereby deny subject ?etition for Variance on the basis of the aforementioned
findings.
TIiE FOREGU~tlG RESOLUTION is signed and appr~ved hy me this ?.6th day of
April, 197(.
/,/
CHAIRMA!I, ANAH Ilf CITY PLAPININ, COMMISSIQN
ATTEST:
V ~~/~ vQ~nr ~(/liJ/./
SELRETARY, ANAIIEIM CITY PLAt~tIIWG ICQMt4iSSIQP!
STATE Of CALIFORMIA )
COUNTY OF ORAIJGE )ss.
CITY OF AtJAHEIM )
I, Patricia B. Scanlan, Secretary of the Lity Planning Commission of the
rity of Anaheim, do hereby certify that the foregoing resolution was p~ssed and
adopted at a meeting of the City Planning Commission of the City of Anaheim, held en
April 26, 1976, at 1:3~ P.m., by the follo~-~ing vote of the members thereof:
AYES: COt1MISSi0NER5: BARII~S, HERBST, KiNf,, MORLEY, FARAI~O
WOES: COMI11 SS IOIIERS: MOtIE
ADSEWT: CQMI115510NER5: JOH~ISQW, TOLAR
It~ WITNESS WHEREQF, i have hereunto set my hand this 7.(~th day of April, 1~7~
~~~,8 ~~~
SECRETARY, AtJAHE 1 M C ITY PLAPItI I NG COMM 1551 N
-2- RESOLUTION ~~0. PC7Fi-85