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PC 77-197RESOLUTION N0. PC77-197 A RESOLUTION Of TNE AtJAHEiM CITY PLANNING COIiMISSION Tf1A7 PETITION FOR VARIANCE hl0. 2g37 ~E DENIED WHEREAS, the Anaheim City Planning Commissicn did receive a verified Petttion for Variance from l•fILLIAH M. AtID a[TTY JO CLOW, 2 Rue Valbonne, t7ewport Deach, California ?2Gu'J, owners of certain real property situa[ed i~ the City of An~heim, County of Orange, State of California, described as: The North 93 feet of the South 314.74 feet, measured from the centerline af [he strect, of [he Nest 2fi2 f~ct, measured from the centerline of the s[reet, of Lot 9 of Orangewood Tract, as per map recorded in Uook 7, page 42 of 1liscellaneous Maps, records of Orange County, California; an~ tJHEREAS, the City Planning Commission did schedule a public hearing at the City Hall in the Lity of Anaheim on May 23, 1977, at 1:30 p.m., notice of said public hearing having been duly given as requir<~d by law anJ in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.0;, to hear and co~sider evi~ence for and against said proposed variance and to investiya[e and make findings and recomn~endations in connection therewith; said public hearing havlny been continued to the Plan~iny Conmission rneeting of Septenbcr 12, 1977; and tJf1EREA5, said Conmission, after duc inspection, investigation and study mad~e by itself and in its behalf, and after due consideration of all evidence and reports offerecl at said hearing, does find and determine the following facts: 1. That the pe[itioner proposes a waiver of the following to construet a 10-unit apartment complex: 5[CTION 13.31~.062.01'~ - Flaxinum tuilding heic~ht. 2. Tha[ the above-mentioned waiver is hereby denied on the basis that [he petitioner submittcd revised plans and withdrew his request for the afore-mentioned waiver, and that the Planning Commission grar~_ed a I~wer density, multiple-family resiJential zonc (RM-40~0) ttian was originally proposed (Rt9-1200). 3, That there are no exceptional or extraord3nary circumstances or conditic~ns applicable to tl~e property involveJ or to the intended use of [he property that do not apply yenerally to the property or class of use in the same vicinicy and zone. 4, Thae tlie requested variance is not necessary for the preservation and enjoyment of a substantial prooerty right possessed by other property in the same vicinity and zone, znd denied to the proper[y in question. 5, That thc requested variance will be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That 53 persons indicated their presence ai said public hearing on September 12, 1377; 10 on June 2Q, 1977, and 55 on May 2~, 1977, in opposition; that 17 letrers were received in opposition and copies of petitions containing approximately lEi2 signatures and 293 signatures were submitted in oppositi~n to subject request. PC77-197 ENVIRONMEIJTAL IMPACT FII~DlNG: That the Anaheim City Planning Commission has review~d the subject proposal to reclassify ttie zoning from RS-A-43,000 (Residentiat/Agricultural) [o Rt1-4000 (Residential, Mu~tiple-Family) on approximately 0.5 acre, having a frontaye of approximately 9S feet on the eas[ side of Haster Street, having a maximum depth of approximately 232 feet, and being located approximately 173 feet south of tfie cenCerline of Wilken ~lay; and does hereby approve the I~egative Uetiaration from tiie requirement to prepare an environmental impact report on the basis that there woul~i be no significant i~dividual or cumulative adverse environroental impact due to the approval of this Negative Declaration since the Anaheim General Plan desiynates the subject propcrty for medium-density residential land uses conunensurate with the proposal; that no sensitive environmental im~acts are involved in the proposal; tha[ thc Ini:ial Study submitted by the petitioner indicates no significant individual or cumula[ive adverse environm~n[al impacts; and that the Negative Gzc~~ration substantiatiny the foregoino findin9s is on file in the City of Anaheim Planning Departmen[. I~OIJ, THEREFORE, HC IT RESOLVED that the Anaheim Cit>~ Plan~ing Commission does hereby deny subject Petition for Variance on the basis of the aforementioned findings. TfiE FOREGOIt~G RESOLUTIO~! is signed and approved by me this 12th day of Septe~iber, ty%7. ~ ~ /' CHAIRNJIN, Al1AFIEIM CITY PLAN~ItIG COMIII~SIOtJ AiTEST ~e(/.l•u- ~ MA '~^ '-.~ SECRETARY, A~iANEIN ITY LAIINII7G COt;11155101~ STATE OF CALIFORNIA ) COUNTY OF ORAWGE ) ss. CITY OF AI~AHEIIi ) 1, Edith L. Harris., Secretary of [he Anaheim City Planning Commission, do hereby certify that the foreguinc resolution was passed and adopted a[ a meeting of the Anaheim Ci[y Pl~:r.niny Commission hcld on September 12, 1477, at 1:30 p.m., by the following vote of t::,: riemoers thereof: AYES: COMHISSIOPIERS: DAVID~ HER85T, JOIi~ISON, KING, TOLAR NOES: COM1115510NER5: UARtJES ABSEtlT: GOMMISSIOIJERS: tJ01![ ABSTAItJ: C011Nl5510NER5: LIIdN II~ WITt~E55 WHEREOf, I have hercunto set my hand ttiis 12[h day of September, 1977• ~7 ~ ~ ~t-d'c'v'-'.a. SECRCTARY, AtJAHEll1 CITY PLANNING COMMISSION -2- PG77-t97