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PC 77-112RESOLUTI~N N0. PC77-112 A RESOLUTION OF TNE At~AHEIN CITY PLANI~INf, CONNISSIOt7 THAT PET1710~! FOR VAkIAflCE N0. 2939 ~E DEt~IED W{1EREkS, the Anaheim City Planning Cortmission did receive a verified Petition for Variance from PAUL AttD CAROLYt~ W. KFOESEN, 451 Peralta Hills Drive, Anaheim, California 92~07, owners of certain real propc:rty situated in thc City of Anaheim, County of Orange, Sta[c of Laiifornia, describcd as: That portion of Lo[ 10, Tract Sii, recorded in Boo:c 10, pagc G of Hiscellancous Maps, described as Parcel No. 3, as shown on a Map f(led in Book 43, page 4G of Parcel Mans, in the Office of the County Recorder of Oranye County, California; and NNEREAS, the Ci[y Planniny Commission did hold a public hear(ny a[ the City Hall in the Ci[y of Anaheim on tlay 23, 1977, at 1:30 p.m., notice of saicl public t~earing having been ~iuly givei as required by law and in accordance with the provisions of [he Anaheim Huniciµai Code, Chapter 1eS.Q3, to hear and consider evidence for anJ agatnst said proposed varia~ce and to investigate and make findings and recommendations in connec;tion theraaith; an~ W11[REAS, said Commission, af[er duc inspection, inves[igation and study made by itself and i~ its befialf, ~nd a`ter due consideration of all evid=nce and reports offered at said hcarin~~, does find and determine the following fac[s: 1. That [hc pe[i[ioncr requests ~ waiver of thc following to establish two RS-NS-~+3,OQ0(SC) (RESIUEI~TIAL., SIt~GLE-FA111LY HILLSIDE-SCEHIC CORRIDOR OVEP.LAY) ZONED lots: SCCTIOiI lo.Z2.OG1.010 - Minimum l~t area. (43 SGO s uare fect requlred; Jy, and , 3 squarc eet propose 2, That the above-rt'~cntioned waiver is ticrcby denied on the basis tha[ the petitioner indicated he was the property owner when previous subdivision of the property under the existiny Code regulations created [he existing lot which cannot be re-subdivideJ into two conformin9 RS-115-4;,00~ parcels and, therefore, any hardship which may exist was self-induce~; tha[ a re-subdivision of the subject property and adjacent property would result in nonconforminy lo[ sizes; and [hat an undeslrable precedent w.uld ba: establishecl in Peralta Iliils if the subject o~aiver were granted. 3, 'fhat there are no exceptional or extraordinar•y circumstancss or conditions applicable to the property involved or to [he intended use of thr. property that do not apply generally tv the property or elass of use (n the same vicinity and zone. 4, That thc requested variancc is no* necessary for the preservation and enjoyment of a substantial property riylit possessed by other prop~rty in the same vicinity and zonc, and denied to the property in question. 5, Tfiat thc request~d variance will be materially detrimental to the public welfare or injurious to ttie property or improvements in such vicinity and zone in which the property is lacated. PC77-112 i~ 6. That one person in~iica[ed his presence at said public hearing in opposition and that no correspondence was received in opposition to the subject petition. Ei1VIROtJHEt~TAL 111PACT FIND!'l,r,: That [iic Anaheim City Planning Commission has reviewed t e subject proposa with waiver of minimum lot area on property consisting of 1.9 acres located approximately i~S fcet south of the centerline of Peralta Hills Drive, being iut~tcd approximately 357 fect west of the centerlinc of Calle Dana, and further described as li51 Peralta Nilis Drive, and does hereby recommend to the City Council of the City of Anaheim that a I~egative Declaration from the requirement to prepare an environr,~nCal inpact report be approved for th~ subjec[ property on the basis that there are no i~dividual or cumulative adverse impacts on the environment due to the approval of this Neyative Declaration since the Anaheim General Plan designates the subjecC praperty for estate density residential ]and uses commensurate witfi the proposal, and [lie Initial Study submitteci by Ytie petilioner indicates no significant adverse environmental impact; and ttiat the Negative Declaration substantiating the foreyoiny findinys is on file in the Office of the Planning Department. tJOW, Tt1Ef;EFORE, BE IT RESOLVEU tha[ the Anahcim City Planni~g Commission doe~ hereby deny subject Petition for Variance on tlie basis of tt~e aforemenYioned findings. 7fIE FOKEGOItJG RESOLUTION is signed and approved by me this 23rd day of May, 1377. ~~' ~ - CIUIIRMA~1 PRO 7EMPORE AIU,Ii[ I H C I TY PLA11171 t~G COMN I 55 I OU AT7EST: ~~..~. ~ ~./a,t,~, SL'CRETARY, ANAHEIH CITY PLAI~t11~IG COMMISSIOtJ STATE OF CALIFORNIA ) COUH"fY OF ORANGE ) ss. CITY OF ANAtIEIH ) i, Edith L. Narris, Secre[ary of the Anahcim City Planning Commission, do hereb~ ccrtify that the foreyoiny resolution was passed and adopted at a meeti~9 the the Anaheim City Planniny Comnission held ~n Hay 23, 1977, at 1:30 p.m•+ Y following vote o` the menbers thereof: AYES: CONt115SI0NERS: (3ARf~ES, DAVID, tiERE3ST, Y.II~G, LtNN, TOLAR NOES: C011MISSIOI~ERS: IJOlIE ADS[NT: COM~11 SS I ONERS : JOliN50t~ IN UITt~E55 WtIEREOF, I have fiere~nto set my hand this 23rd day of May, 1377. (odi.~l~t~ oC. ~~~~/~a/ SECRETARY, A1~AHE111 CITY PLANNING COHMISSION -z- Pc77-~~2