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PC 78-184i : ~ :. RESOLUTION N0. PC 7E-184 A RESOLUTIOH OF THE ANAHEIM LITY PLANt~ING COMMISSION THAT PETITION FOR VARIA'ICE N0, 3~33 BE GRANTED WHEREAS, the Anaheim City Planning Commission dld receive a verified Petition for Variance from ZAVEN AND ANNA M, KULhJIAN~ 411 South Paseo Real~ Anahelm, California 92807~ owners. and AlAMO CEHTER, 11747 Firestone Boulevard, Norwalk. Catifornia 90650, (agent) of certain real property situated in the City of Anahelm~ County of Orange, State of Californla described as: PARCEL I: Lot 59 of Tract No. 8220, as shown on a Map recorded tn book 335, pages 33 to 41 inclusive, of Misceilaneous Maps, records of Orange Coun[y, California. WHEREAS, thc C(ty Planning Commission did hold a public heartng at the City Hall In the City of Anahetm on July 31, 1978, a[ 7:00 p.m.~ notice of said publlc hearing having been duly given as required by law and (n accordance with Che provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and constder evidence for and againsc said proposed variance a~d to investiga[e and nake findings and recommendations in cc~necLion therewith; and WNEREAS, said Commtssion, after due inspec[iort, investigatton and study made by itself and tn its behalf, and after due consideratton of all evidence and reparts offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes a waiver of the following to convert a garage into a game roorn: SECTION 13.27.063.0123 - Minimum numher of arkin s aces. 3-car garaae required; 2-car garagc proposed) 2, That che above-mentioned waiver is hereby granted on the basis that the petitioner demo~strated that a hardshlp exists in that thc property is irregularly shaped thereby severeiy restricting any structural add(tions at any other iocation~ thai many properties in the immediate vicini[y have been developed aith 2-car garages having setbacks of less than 25 feet from che property Itne, and that denial would deprive this property of prtvileges bein~ enjoyed by othcrs fn the same victnity and zone. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property fnvoived or to the intended use of the property that do not apply generally to the property or class of use in the same vicintty and zone. 4. That the requested varlance Is necessary for the preservation and e~Joyment of a substantlal property right possessed by other property in the same vicinity and zone. and denied to the property 1n question. 5. That the requested variance will not be materially det~Tmental to the public welfare or inJurious to the property or improvements in such vicinity and zone in which the property is located, PC78-t84 a" ~4. 6, Thac no one indicated their presence at said publtc hearirsg In oppostt(on; and thot no correspondence was recelved in opposlcion [o the sub)ect petltion. ENVIROMME~~TAL IMPACT FINDING: The Planning Dlrector or hts authorized representat v~as ~term ne that the proposed proJect fails wtthin the definltton of Categorical Exempttans~ Class 1~ as define.: in Para9raph 2 of the Cfty of Anaheim Environmental Impact Repo~t Guidelfnes and is. therefore~ categorlcally exemp[ from Yhe requlrement to preparc an EIR, NOW, THEREFORE, BF. IT RESOL~lED tha[ the Anaheim City Planning Commission does hereby grant subject Petdtion for Londitiona) Use Permlt. upon the followtng conditions w'nich are hereby faund to be a ~ecessary prerequlslte to the proposed u5e of the subject property in order• to preserve the safety and genera) welfare of the Cittzens of the City of Anaheim: 1, That subJect property shall be developed substantially in accordance with plans and specifications on fil~: wtth the City of Anaheim marked Exhibit Nos. 1 and 2. BE IT FURTHEP, RESOLVED that the Anaheim C1[y Planning Commtssion does hereby find and determine that adoption of [his Resolution is expressiy predicated upon applicant's caRpliance with each and all of the conditions hereinabove set forth. Should any such condTtlon, or any part thereof, be declared invalid or unenforceable by the flnal judgment of any court of competent Jurisdiction. then this Resolutlon. and any approvals herein co~tained. shalt be deemed null and voTd. THE FOREGOING RESOLUTlON is si9ned and approved by me this 31st day of July ~978. , ~ H IRMAN, ANA, ,Y L NNING LOMM SSION ATTEST: ~~ ~ ~ ~ SECRETARY~ ANAHEIM CITY LAMHING COHM1551011 STATE OF CALIFGRNtA ) COUNTY 'JF ORANGE ) ss. CITY OF AHAHEIM } I~ Edith L. Harris~ Secretary of the Anaheim City Planning Carmisslon, do hereby certify that the foregoing resolution was passcd a~d adopted at a meetin9 of the knaheim City Planning Cammission held on July 31, 1978, at 1:30 p.m.~ by the followtng vote of the members thereof: AYES: COHMISSIO~~ERS: BARNES~ DAVID~ HERBST. JOHPISON, KING. TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERC: LINN IN ViTNE55 WNEREOF, I have hereu~to set my hand this 31st day o4` Juty~ 1978. `~~ ,Y -~_ SECRETARY~ ANAMEIM CITY PLANNING COMMISSION -2- Pt78-t84