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PC 77-235RESOLUTIUN N0. PC 77-235 A RESOLUT I ON Of TNE AtIAF~E I M C I TY PLAN?~ I NG CO'1M I SS I ON THAT ~ETiTlOr1 FOR VARIANCE N0. 2~71 BE GRAtdTED 41HERERS, the Anahcim City Planning Corunission did receive a veri'ried Petition for Hariance fron SHERR-L.L J. POHL.'1AIJ~~, ET AL, 2333 West L~ncoln Avenue, Anahcim, California 923~1, oYmers, and A.S.A.W,l1. CORP., 5~+0 'Jorth Gold2n Circle Drive, Santa Ana, Calitornia 92705, agent, of certain real property situated in the i.ity of Anaheim, County of Orange, State of Californie. described as follor~s: That portion of the East lialf of the West half af the Southwest Quarter of the Southeast Quarter of Section 7, Township 4 South, Range 10 'w'est, in i.he Rancho Los Coyotes, as shown on a map recorded in book 51, page 10 of Misce:laneous Maps, records of Orange County, California described as Parcels ~~o. 2 and 3, as shown on a map, filed in bool; 31, page ~i9 af Parcei Maps, ir~ thc office of the County Recorder of Orange County, Ca!ifornia. llHERE~15, the Ci[y Planning Conmission did 'nold a public hearing at the City Hall ir, the City of Anaheim on October 26, 1977, at t:3n p.m., notice of said public he~ring having heen duly given as required hy law and in accordance with the provisions of the Ananein Hunicipal Code, Chanter 13.0?~ to hear and consider evidence for and agains[ sai~i proposed variance and to investigate and maice findings ancl recommendations in connec[ion there+~~ith; ~nd WHEREl15, said Cor~smission, after due inspection, investiqation and study made by itself and in its hehalf, and after due consideration o` all evidenca and reports offered at said hearing, does `~nrJ and detcrnine the following facts: t. That tf~e petittoner oroposes a waivcr of the folloa~ing to esLablish a 6-lot, Rti-120Q subdivision: (a) SECTION 18.34•~~Z•O~Z - Maximum structural he?qht. (1-story permitted within 15(? feet of RS-A-T,O~~ Zoning; 2-stories prooosed) (b) SECTIO!~ 1G.34.~E3.03z - 11inimum recreational-leisure area. (2~0 sq. f[. per uni[ ren.~.fred; 19Q sq. ft. proposed) 2. That the abovc-mentioned walver (a) is hereby granted on the basis that Yhe petitioncr demonstrated a hardship er.ists in that thc reason for the structura) hcight limitation is a large undeveloped RS-A-43,0~~ (kesidentialllgricultural) parcel located at the south~•~est corner of Lincoln Avenue and Gilhert Street, but that said parcet is designa[ed for general cortr~ercial uses by the Anaheim feneral Plan and thai when cormcrciai rezoning is acconplished the hei9ht ~~raiver would not be necessary. 3. Th~[ the above-mentioned riaiver (b) is herchy granted on the hasis [hat a special 35 foot setbac~ is required along Lincoln Avenue thereby reducing the size of the useable recreational-leisure space in the interior yards. 4. That there are exceptional or extraordinary circumstances or conditions applicable to ~he property lnvotved or to the iniended use of the property that do not apply general'y to the property or class of use in the same vlcini[y and znne. PC7'7-235 5, That the quested variance is necessa for the preservation and enjoyment of a substantia~ property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That the reoursted variance will nnt he materially de*.rimental to the public welfare or injurious to the property or improve~ents in such vicinity ar:~ zone in ~•~h:~h the property is located, 7, ThaC one person indicated their presence at said public hearing in opposition; and tha[ no correspondence ti•ras received in opposition te the subject petit?on. EtJ`JIROt!!".ENTAL I`1PACT FINDIN;: That the Anafiein Lit~ Planning Canmission has revie~~red the subject proposal to reclassify the property fron the 45-A-1i3,eoo (Residential/A9ricultural) Zone to R`1-i200 (Residen[ial, Nultiple-Family) Zone to establish a~~lot, P,!"-1200 subdivision ~~rith o-raivers of maxinum struttural height and mini~nu:n recreational-leisure area on property consistina of approximately 1.4 acres located at the northeast and north+•rest corners of Lincoln Avenue and Belinda Circlp, hav~ng approximate frontages of 135 fn_et on the north s~de of Lincoln Avenue, east and a~es[ of Bel:nda Circle, and heing located aoproxi~na[cly 330 feet east of the centertine of Gilber[ Street; and does herehy approve the ~legative Declaration from the requirement to prepare an environnental impact due to the aoproval of this tJegative Declaration since t`~e Anaheim General Plan designites the subject property for general commercial/medium der.sity ~'esidential land uses cc,mmensurate ~•~ith the proposal; that no sensttive environmental impacts are involved in [he proposai; that the Initial Study submitted by thc petitioner indicates no sianificant individual or cumulative ac;ver;e environmentaf impacts; and Lhat the Negativr Qeclaration sebstantiatin9 the fore9oing findings is on fil~ in [he City of :1n:~helm Planning Depa~tmcnt. :lO~.J, TFiEREFORE, BE 17 fiE50LVED that thc Anahelm City Planning Commission does hereby gran[ subject Peti:ton for• Vdriance, upon the following condition'~ SJGCCII ar~ hereby found to be a necessary prerequisite to che proposed use of the subject property in order to preserve the safety and general ~•,elfare or the Litizens of the City of Anaheim: 1. ?ha N this Variance is granted subjec[ [o the c~xnpletion of Reclassification No. 77-73-21, notr pending. 2. That su5ject F.roperty snall 6e developr.d substantially in accordance tirith olans and specifica[ions on file a~ith 2he City of Anaheim marked E~chibi~ Nos. 1 throuy„ 7, THE FOREGOING R[SOLUi~Ot; is signed and approved by n» C~~i~ ;'.fth day of October, 1°77. • ~_.__._ : tl PRp ~ RE Al1AHE I M C ITY PLFl1lN I ~~G COMM I SS I ON ATTEST: ~~ ~° ~~_ SECRETARY, ANAHf. I!t C ITY PLA!!N I I~G COMM i SS I OtJ -2- PC77-235 STATE OF CALIFORNIA ) COUNTY OF ORR:}iGE ) ss. C ITY OF AtJAHE IH ) I~ Edith l. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ci[y flanning Commission held on OcCOber 2G, 1977, at i:30 p.m.,by the following vote of the members thereof: AYES: COM!~ISSIONEFS; BARNES, D~,VID, HERBST, KING, LIt~N NOES: COMt115SI0taER~: yONE ABSENT: CONMISSI~N~RS: JOHNSON, TOLAR 1977. IN WITNESS WNEREOF, I have hereunto set my hand this 2Fth day of October, ~,~, o~ • ;d'~Gl~, SECRETARY, ANAHEIM CITY PLANNINf COM'115S10~! -3- PC71-235