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PC 77-188sm SECT1 1 RESOL ,UT I ON Ng a PC 77 -1 (98 A R,ESQL!,T 1 GN OF THE A N 'HE I M CITY PLAN! I per COMMISSION: • THAT PETITION FOR VARIANCE NG 2958 BE GRANTED WHEREAS, the Anaheim City Planning Commissiondid receive a verified Petition forVariance from HELEN Ka DE WARS, 11191 Wakefield, Garden Prove, California 0 2( 0, owner, KENNETH M TER BORCH, 1243' Crookhurst Street, Garden Grove, California n2( 'r, agent, of certain real property situated in the City of Anaheim, County of grange, State of California described as follows The re a l property in the City of Anaheim, descr i Thai: portion of the South 5 acres of the East half of the S©utheast quarter of the Southeast quarter of Section 12, Township 4 South, Range 11 West, in the Rancho Los Coyotes, as shown on a map recorded in Book : 51, Page 11 of Miscellaneous laps, records of Orange County, California, descrihed as follows: Parcel 3, as shown on a map files in Pooh: 459 Page 12 of Parcel Mans, in the office of the County Recorder of said Orange County. WHE EAS, the City Planning Commission did hold a public hearin at the City Hall in the City of Anaheim on August ?q, 1 at lean pm a, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1g , to her and consider evidence for and against said proposed variance and to investigate and matte findings and recommendations in connection therewith; and 1, That the petitioner proposes n ,raiver of the following to construct a 2O -unit part ent complex: 2 - .linimu building site width (70 ft® required; 3G ft. existing The above-mentioned waiver is hereby granted on the basis that the petition demonstrated that a hardship exists in that the sublect property is an existing legal parcel of record and that the existing 9g- foot wide lot width will he utilized for access purposes only and no residential development will occur within that area 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 same vicinity and zone. 4 That the requested variance is necessary for the preservation and eneloyr ent of a substantial property right possessed by other property in the sine vicinity and zone, and denied to the property in question. PC77 -188 WHEREASq` said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following fact i0 That the requested variance will not be materia1 detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Sao That no one indicated their presence at said public hearing in opposition and that no correspondence was received in opposition to the subject petition ENVIRONMENT IMPACT F I D @�1 Ca That the Anaheim City Planning Commi ss icon has reviewed the subject proposal to reclassify the property from CH (Commercial, General) to RM-1200 (Residential, Multiple-Family) with waiver of minimum building site width to construct a 2n-unit apartment complex on approximately 1.n acre, having a frontage of 3C feet on the north side of Lincoln Avenue, being located approximately 272 feet west of the centerline of Magnolia Avenue, and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due tc the approval of this Negative Declaration since the Anaheim General Plan designates the ect property for medium- density residential land uses commensurate with the proposal, that no sensitive environmental impacts are involved in the proposals that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts and that the Negative Declaration substantiating the foregoing findings is on rile in the City of Anaheim Planning Department. NC1d THE'' Fo F , PE I T RF ?L IFD that the Anaheim C i t y P l ano i nq Commission does hereby grant suhject Petition for Variance, upon the follnv,'Tnq conditions which are hereby found to be a necessary prereguisite to the Proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this Variance is granted subject to the completion o Reclassification No, 77-73 ATTEST: 2a That subject property shall he developed substantially it accordance with plans and specifications on file with the City cif Anaheim marked Exhibit Nos. 1 through 9. THE FOREGOING RESOLUTION is signed snd approved by me this 2 t day of August, 1 9 A;4A3EIM CITY PLANNINGCD MISSION PC77 ®188 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss o CITY OF Arf, HE 9`9 ) I, Edith L. Harris, Secretary f the Anaheim CA Planning Commission, do hereby certify that the foregoing resolution s passed and adopted at a meeting of the Anaheim City Planning Commission held on August 29, 1 at 1030 o ®rao by the following vote of the members thereof: AYES o CO 1M I SS I Q IER S o DAV I O , HERPST9 J O H NON, FBI CIO, L I SIP • N')ES o COMMISSIONER NONE ABSENT...: COMMISSIONER ... BARNES, TOLAR IN WITNESS 191EREOF, I have i?ereunt set my hand is 2 th clay o Au s t , 1 a 77. SECRET RY, I°1 A H E I , CITY PI A.1 1f CO A I SS I PC77 -188 P