PC 77-203RESOLUTIOt~ t~0. PC77-203
A RESOLUTIQt~ OF THE ANANEIM CITY PLANIJ6NG COMMISSIOIJ
TIiAT PETITIOt~ FOR VARIANCE N0. 2965 E3~ GRAI~TED
WiiEREAS, the Anaheim City Planning Lommissi~n did receive a verified
Petition for Variance from FRAt~CES PLOU AND ,~X~H[5 A. NAUNTSNAtI, 709 South Wasco,
Anaheim, California 92c304, a~+ners, anJ NGUYE~1 f,AG tJGUYEU, 3~43 4Jes[ Linco~n Avenue,
Anaheim, California 92801, agent, of certain rcal oroperi[y situated in the City of
Anaheim, Lounty of 6ranyu, State of California, describerl as:
A Lot being a rectangle 80' fronting Lincoln and 160' from the
edge of Lincoln Avenue, and rm re specifically described as being
tha[ portion of the Southeast Quarter a` the Sou[heast Quarter of
Section 11, Townsfiip ~f South, Range 11 West in the Rancho Los
Coyotes, as said sectian is shwon on ttie map recorded in Book 51,
Page 11 of 11isr.ellaneous tlaps, recorus of said County, described
as beginning at a poin[ on the Soutli line of said Sectior il,
being the Southwes[ corner of the Sou[neast Quarter of the
Southeast Quar[er of said Sec[ion 11, thence from said point North
89° 50' 45" East a distancc of 5~5.59 feet to a point; thence
North 0° 09' 24" 1Jest a Jistancc of ~tQ feet to the Sou[hwest
corner of the lot beiny Jescribed; tf~ence tlorth 0° 09' 2~t" Wes[
160 feet North Co a point; thence Nor[h o9~ 40' h5" East 00 feet
to a point on the East line of tlie t~est half of the Southeast
Quarter of the Southeast Quarter of said Section; [hence along
::aid East line t~orth 0° 09' 13" Wesi iG0 fcet to a point; thence
tJorth 39° 40' 45" East in a Westerly direction a distance of 80
fe~:t to [he point of be9inning; and
WHEREAS, thc City Planning Gommission did hold a public hearing a[ the City
Nall in the City of Anaheiin on September 12, 1377, at 1:30 p.m „ notice of said
public hearing liaving been duly yivc~n as required by law and in accordance vrith the
provlsions of tlie Analieim Municipal Code, Chap[er 13.03, [o hear and consider
evidence for anc against said proposed variance and io investigate and make findings
and recommenda[tor;s in conrection thcrerlith; and
WIIEREAS, s~~id Cornmission, aftcr duc inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offcred at said hearing, does find and de[ermine thc following fac[s:
1, That [he petitioner requcsts a r:aivcr of Lhe following to establisti an
art gallery and stuJio in an existing single-`amily residence:
SECTIOH 1t3.0't.045.014 - Minimum front se[back.
35 eet required a ong Lincoln
Avenue; 30 feet existing)
2, Tha[ [he above-rn~:ntion~d waiver is hereby granted on the basis that the
petitioner demonstrateJ that a hardship exists in that the buildiny is existing; that
the request is minimal; and Chat although the building is being converted to a
commercial use, removal of the front portion of the buildiny to meet thc minimum
se[back requirement would d~;stroy the beauty of the building.
PC77-203
3, That thcre arc exceptional or extraordinary circumstances or conditions
applicable [o [he property involved or to ttie intended use of the property that do
not apply generally to the proper[y or class of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation and
enjoynent of a substantial properly right possessed by other property in the same
vicinity and zone, and denied to tfie property in question.
5, That [he requested variance ~~ill not be materially dctrimental ta the
public welfare or injurious [o the property or improvements in such vici~ity and zone
in which the property is located.
6. Tha[ na one indicated tlieir presence at said public hearing in
opposition; and that no c~rrespondence was reccived in opposition to the subject
petition.
ENVIROWMEtJTAL IMPACT FINUII~G: That thc Anaheim City Planning Commission has
reviewed [he subject proposal to reclassify the zoning fron RS-A-43,00~
(Residential/Agricultural) to CL (Commcrcial, Limiteci) on pr~perty consisting of
approximatcly 0.3 acres, havin9 a frontaye of approximately 30 fcet on the north side
of Lincoln Avenue, being located approximatefy 6fi0 fee[ west of the centerline of
Beach ~oulevard, to establish an ._~:'t gallery and studio in an exis[ing sin9le-fanily
residence in the CL (Cammercial, Lirnited) Zone, ~aith waiver of minimum front setback;
and does hereby approve [hc I~eyative Dcclaration fron [hc requirement to prepare an
environmen[al impact report on the basis tha[ therc would be no significant
individual or cu~ulativc adv~rse environmental impact duc to [he approval Uf this
Wegative Ueclaration sincc the Anaheim General Plan designates the subjec[ property
for genera) commercial lanJ uses conmensurate with tfie proposal; that no sensitive
environmental impacts arc involved in thc proposal; that the Initial Study submi[ted
by the petitioner indicates no significan[ individual or cumulative adverse
environmental irapacts; and [hai Che tlegative Declaration suhs[antiating the foregoing
findings is on file in tlie City of Anaheim Pianning Departrr~ent.
NO',/, TH[RFFORE, BE IT RESOLVED that thc Anahcim City Planning Commission
does hereby gran[ subjcct Petition for \~ariance, upon the follaring conditions which
are liereby founa to bc a necessary prcrequisi[c to the proposed use of the subject
property in order to preservc the safety and ~encral weif~rc of the Ci[izens of the
City of Anaheim:
1. That tliis Variance is yranted subject to the completlon of
Reclassification t~a. 77-7~-17, now pending.
2, That subject pro~erty shall be dc:veloped substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2.
THC FOREGOII~G RESOLUTIOIJ is signeJ and approved by mc [his 12th day of
Septembcr, 1977.
CtiA IMN, tJAHEit1 LI PL tlt~ltlG C011M1 S Oq
ATTEST:
~°~r~-.~
SECRETARY, hNAtiEIM CITY LANNING COMIIISSIOIJ
_Z_ PC%7-203
STATE OF CALIFOP,NIA )
COU;iTY Uf ORANGE ) ss.
CITY OF A;1lUfEIM )
I, Edith L. Harris, Secretary of the Anaheirn Lity Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted ai a meeting of
the Anaheim City Planning Commission held on September 12, 1977, at 1:30 p.m., by the
foltowiny v~te of the members thereuf:
AYES: C011MISSIOIJERS: BARIIES, DhVID, t~ER[iST, JONNSON, t:INC, LIN~I, TOLAR
NOES: C011MISSIONERS: NOtJE
ABSENT; COMHISSIO!~ERS: NONE
~°77.
IN WITNESS WHEREOF, I tiave hereunto set my hand this 12th day of September,
n~ ~ ('f<+~v'~t'~
SECRETARY. ANAHEIti CITY PLAtiNIt~G COHMISSiON
-3- pC77-2o3