PC 78-246l f
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RESOLUTIO~! N0. PC 78-246
RESOLUTION OF THE ANAf1EIN CITY PLANNING COMMISSION
THAT PETITION FOP. VARIANCE N0. 3055 BE GRAPITED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Vartance from P:,UL F. SCHLUE. 2758 Parkdale Drive, Anaheim, Catifornia
92801, ormer, and TIFIOTHY B. VIRUS, 181 West Orangethorpc Avenue ,9C, Placentia,
California 92670, agent, of certaln real property situated in the City of Anaheim,
County of Orange, State of California descri6ed as:
The South 75.00 feet of thz West 155.00 feec of that portion of
Lot 15 in elock "K" of the Kraemer Tract, in the City of Anaheim,
as per map recorded in book 12 pages II7 and 88 of Mtscellaneous
Records, in the of`tce of [he county recorder of Los Anaeles
County, Californfa, described as fol!ows: Beginning at the
Southwest corner of the northerly half of the Southerly ha1P of
said Lot 15; thence Northerly 295.iE• feet along the Westeriy line
of said Lot; thence Eas[erly 325.16 feet parallel wfth the
Southerly line of said lat; thence Southerly 295.16 feet parallel
with the Wes[erly line of said lot; thence Westerly 325.16 feet to
the point of beginning.
WNEREAS, the City Plonnin9 Cornmission did hold a public hearing at the Lity
Hall in the City of Anaheim on October 23, 1Q78, at 1:30 p.m., notice of said public
hea-ing having been duly given as requtred by larr and in accordance with the
provisions of the Anaheim Munfcipal Code, Chapter 18.~3, to hear and consider
evidence for and agains[ said proposed variance and to investinate and make findings
and recommendations 1n connection therewith; and
1~HEREAS, said Commission, af[er due inspPCtfon, investigation and study made
6y itself and in its behalf, and after due consideration o` all evfdence and reports
offered at said hearing, does flnd and determine thc followin9 facts:
1, That the petitioner proposes a rratver of the following to co~vert an
existing single-famity residence to industrial usage:
SECTION 18.61.063.~1~ - Mtnimum front setback.
50 eet required; 15.75 feet existing)
2. That the reques[ed walver is hereby granted for the residential
structure only on the basis that said struciure is existing and int.ended to be
~temporary pending final and permanent development of the entire stte; and that the
widening of Kraemer Baulevard reduced the depth of the front setback; and
furthermore. that this residential structure wilt be demolished and subJect variance
will be terminated r:hen final and permanent develooment of the property occurs.
3. That the proposed variance is hereby granted for a period of two years
subject to revlew and possible extensions of time by the Planning Commission if ftnal
and permanent development uf subjact property has not occurred.
PC78-246
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1+, That the requested variance is hereby granted subject to access to the
trash storage areas being approved by the Streets and Sanitation Divtsion of the
Public Works Department and that an easement be 9ranted by the Anaheim Lity Louncil
for access over City property, as shown on the approved exhibtt.
5, That the requested variance is herehy granted subJect to [he
petitioner's stipulation that the existing curb cut to Kraemer Boulevard witl be
reconstructed to a minimum r~idth of 20 fee[ to permtt two-way traffic.
6, That there are exceptionai or extraordinary circumstances ~r conditions
rot'~pply`4enerallyrtoethe property or classcoPnusedin the samehvicinityrand zone, do
7. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vici~ity and zone, and denied to the property in question.
8. That thc requested variance will not 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.
9. That no one indicated their presence at said public hearing in
oppcsition; and that no correspondence was received in oppositton to the subject
petition.
ENVIRONMENTAL INPALT FINDING: The Planning Director or his authorized
representativc has determined that [he proposed oroJr_ct fails within the definitfon
of Categorical Cxemptions, Class 5. as deftned in Paragraph 2 of the Lity of Anaheim
Environmental Impact Report Guidelines and is, therefore, categorically exempt from
the requirement [o prepare an EIR.
NOW, THEREF~RE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby 9rant subJect Petition for Variance. upon the following conditions which
are hereby found to be a nr_cessary p~erequisite 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:
t. That the owner(s~ of subject property shall deed to the City of Anahcim
a strip of land 53 feet in u~id[h from the centerli~e of the street along Kraemer
Boulevard for s[reet widening purposes.
2. That sidewalks shall be i~stalled along Kraemer Boulevard as required
by the City Engineer and in accordance with standard plans and specifications on file
in the Office of the City Engineer.
3, 7hat ~the owner(s) of subject property shall pay to the City of Anaheim
the sum of three and one-half dollars ($3.50) per front foot along Kraemer B~ulevard
for street lighttng purposes.
4. That trash s[orage areas shall be provfded in accordance with approved
plans on file with the Office of the Director of Public Works.
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5. That appropriate water assessment fees as determinecf by the Director of
Public Utilities shall be paid to the City of Anaheim prior to the issuance of a
building permlt.
6. That this Uariance is granted subJect to the completton of
Reclassiftcatlon No, 61-62-b9, now pending.
7. That the owner(s) of subJect property shall pay the trafftc signat
assessment fee (Cou~cil Policy No. 214) amounting to $30.00 per 1000 square feet of
industrial bulldings or fractton thereof prior to the Issuance of a bulldfng permit.
8. That subjec[ property shal) be developed substantially in accordance
with plans and spetiffcations on file wi[h the City of Anaheim marked 'cxhibit No. 1;
provided, however~ that the existing curb cut to Kraemer Boulevard be ro_constructed
to a minimum width of 20 feet.
9. That the owner(s) of subject propercy shall acqulre a~ access easement
across the adJacent City owned property, as shown on Exhibit No. 1.
10. That Conditlon Nos. 1, ;, 6 and 9, above-mentioned~ shall be complied
with prior to the commencement of the activity authortzed under [his resolution, or
prior to the time that the building permit (s tssued, or within a period of one year
from date hereof, whichever occurs first, or such further [ime as the Planning
Cortmission r~ay gra~t.
11. That Condition Nos. 2, 4 and 8, above-mentioned, shail be compiied with
prior to final butlding and zoning inspections.
12. That subJect variance is gra~ted for a period of two years subJect to
possible granting of extensions of time by the Planning Covmission upon written
request by the petitioner if finai and permanent devclopment of the property has not
occurred.
13. That upon final and permanent development of subJect property, the
residentiat structure conver[ed to an tndustrial use shall be demolished and subjec[
variance shall be termtnated.
BE IT FURTt1ER RESOLVED that the Anaheim City Planning Carimission does hereby
find and determine that adoptiors of thts Resolution is expressly predlcated upon
applTcant's compliance with each and atl of the c4nditions hereinabove set forth.
Should any such condition~ or any part thereof. be declared invalld or ur.enforceable
by the final Judgment of any court of competent Jurtsdictton, then thls Resolution,
and any approvals herein contained, shall be deemed null and void,
TNE FOREGOING RESOLUTIOtI is signed and approved by me this 23rd day of
Octobcr~ 1°75. • _~
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R ~~/ IH ~ NIMG COMMISSION
ATTEST:
.~°,~ x' ~~_
SELRETARY. ANANEIM CITY PLANNIt~G COMMISSION
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STATE OF CALIFORNIA }
COUNTY QF ORANGE ) ss.
CITY Of ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Cortmisslon~ do
hereby certify that the foregoing resolutio~ was passed and adopted at a meeting of
the Anahcim City Planning Camnission held nn October 23, 1978~ at 1:30 p.m., by the
following vote of the members thereof:
AYES: COt1MISSI0NER5: BARfJES. BUSHORE, DAVID, HERBST. JOH-ISON, KI~IG, TOLAR
IiOES: LOMM15510NERS: NONE
ABSENT: COMMISSIOt~ERS: NOWE
1978.
iN WITNESS 41HEREOF, i have hereunto set my hand this 23rd day of October,
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SECRE7ARY~ At~A11EIM LI Y PLANNING COHMISSION
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