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PC 78-36RESOLUTION N0. P~ 78'36 RESOLUTION OF THE ANAHEIM LITY PLANNING COMMISSION THAT PETiTI0t7 FOR VARIANCE N0, 2993 BE GRANTED WHERE~S~ the Anaheim Lity Planning Commission did receive a verified Petitton for Variance from FRANK M. At~D JEAN ~owners~ andLMICNAELN~. FEDORLHEKOM20152 P. 0. BO% 15~~ Anaheim, California 928~3~ . Rediand Drive, Santa Ana, California 92707, ~agent) of certain real property situated in the City of Anaheim~ Lounty o4 Orange. State of Californla described as: PARGEL i: That portion of Lot 25 af Anaheim Ex[ension. as shown o~ a map thereof made by Nllliam Hamel and filed for reca~dfurniae office of the County Recorder of Los Angeles County, described as follows: Commencing at the Intersection of the South line of said Lot 25 With che west line of the Southern Pacific Railroad Company's right of way. and running thence South 89° 53' yy~~ West, along satd South line, of Lot 25, 4°7 feet to the true point of begTnntng of the boundary of the land herein described; runniRg thence South 89° 53' 45" West. along said ~outh line, 160 feet; thence North 0° 06' 15" West 249.52 feet to an intersection wlth the Westerly prolongation of the Northerty line of the land conveyed to A. N. Skinner, Jr., and wife by deed recorded March jp, 1954 in book 2b98 page 374, Official Records~ tn the office of the County Recordcr of said Orange County; thence North 74~ 30' East along said Nesterly prolongation of said NortherNorthne0o 165.~3 feet to an intersection with a line ahich bears O6' ~5" uest from the true point of beginninq; [hence South EXCEP7 ~5~~ East 293.58 feet to said true Poinc of beginni~9• d. AL50 therefrom the Southerly SO feet tying withtn Ball Roe EXGEPT therefran all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered including, without limttng the generali[y of the foregoing, oTl and 9as and rignts thereto, tagether r+itfi L4e sa1e, ~x~~~ofVesaid perpetual rlaht to ezplore for. remove and dispose m~~erals by any means or methods sui[able, but without entering upon or using thc surface or the ftrst 500 feet depth thereof. as 195~rindboo~ 2791.Spage,1135 Official~Recordsd recorded Au9ust 12, PAa~E~ 2; 7hat portlon of Lot 25 of the Anaheim Extension~ as shown on a MaQ of Survey madc by W~11iam Hame! and itled in the Office of the Lounty Recorder of Los Angeles Lounty. California a ~opy of which Is recorded in book 3~ page 163, Mtscellane~foll ws: re~innin ~at arpoint lnuthe~5 uthtlTnetof saidrTL t 25. distant Beg 9 thereon South 89~ 53' 49" West 497.00 feet from the intersectTon of said South Iine wtth the west line of the Sou[her^bcing'the Railroad Company's right of way, sald polnt of beginning PC78-36 Southeast corner of the land conveyed to Na[ Taylor E Sons Plumbing. Inc.~ by a deed recorded August 12. 1°Sti in book 2791~ page 113, Official Records; thence North 0°05' 15" West along the East line of said land conveycd to Taytor and Sons, 2~3.58 feet to an tntersectlon Nith the Westerly extension of the North ilne of the land conveyed to A. N. Skinner and wife, by a deed recorded March 3~. ~954 in book 2698, page 37ti, Official Records; thence Narth 74° 30' 00" East along satd Westerly extensfon, 5~•~0 feet to the Northwest corner of said land conveyed to SkTnner; thence South 0° 06' 15" East along the West line of said land conveyed to Skinner. 307.35 feet to the South line of sald Lot 25: thence South 89° 53~ 45~' kest along said South line. 50.0~ feet to the potnt of beginning. Excepting therefrom the South 50.00 feet included within Ba!1 Road~ adJoining said Lot 25 on the South. 41HEREAS~ the Cicy Planning Commisston did hold a publtc hearing at the City Hall in the City of Anaheim on February 27, 1978, at 1:30 p.m., notice of said public hearing having been duly gTven as required by law and in accordance with the provisions of the Anaheim MunTclpal Code. Chapter 18.03. to hear and consider evidence for and agalnst said proposed variance and to investl9ate and make fTndings and recortmendations in connection thereNith; and 1rHEREAS~ said Commission~ after due inspection, investigation and study made by itself and i~ its behalf~ and after due conslderation of alT evidenee and reports offered at sald hearing~ does find and determine the following facts: 1, That the petitioner propases a watver of the following to expand a wholesale pipe supply facility: SECTION 18.61.063.011 - Minimum front setback. 0 eet requ re ; feet proposed) 2. That the above-mentloned walver Is hercby gra~ted on the b<hsis that the petitioner demonstrated that a~arQs~~p exists in that ad)acen[ and si~ttar properties along Ball Road and the existing structure on subJect property are currently developed wlth simitar setbacks and that dental would deprive this property of prtvileges currently being enJoyed by others in the same zone and vicinity. 3, That the proposed walver Is hereby granted subject to the stipulation by the petitloner to eliminate one driveway onto Balt Road and the four (4) parkTng spaces served by saEd driveway, and to landscape that area and extend the curb~ gutter and sidewalk as necessary. 4, That [here are exceptional or extraordinary circumstances or conditlons appllcable to the property Involved or to the intended use of the property that do not apply generally to the property or class of ute in the same vlcinity and zone. 5, That the requested varlance Is necessa~y for the preservation and enjoyment of a substantTal property rlght possessed by othtr property in the same vicinity and zone. and denied to the property in question. -2- Pt78-36 ~ ~ 6. That the requested vartance wlll not be materially detrimental to the pubtic welfare or injurious Go the property or improvements in such vicinity and zone irt which the property is located. 7. That no one indlcated their presence at said public hearing in opposition. ENVIROPIMENTAL IMPACT FINDING: The Planning Director or his authorized representat ve has determi~ed t at the proposcd proJect falls withln the definition of Categorical Exemptions. Class 1. as defined in Paragraph 2 of the City of Anahetm Environmental lmpact Report Guldelines and is, therefore, categorically exempt from the requiremen[ to prepare an EIR. NOW, THEREFORE, BE IT RESbLVED t~~at the Anaheim City Planntng Commtssion does hereby grant subject Petition for Vartance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and generat welFare of the Citizens of the City of Anahelm: 1. That the owner{s) of subJec[ property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Ball Road for street widening purposes. 2. That damaged and/or hazardous side~aalks shali be repaired along Bali Road as required by the Ctty Engineer and in accordance with standard pians and specifications on file in the office of the City Engineer. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of three and one-half dollars ($3.5~) per front foot atong Batl Road for street lighting purposes. 4. 7haY subJect property shall be d~veloped substantially in accordance wi[h plans and specifications on ffie with the City of Fnahelm marked Exhibit Nos. 1 and 2; provided, ho.~+rever, that the drlveway onto Ball Road serving four (4) parking spaces shall be eliminated and that said parking spaces shall also be efiminated and that said area shail be lartdscaped and the curb, gutter~ and sidewalk will be extended In accordance with City standards. 5. That Condition Nos. 1 and 3, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the butldtng permit is issued, or within a perlod of one year from date hereof~ whichever occurs ftrst, or such further time as the Planning Commisston may grant. 6, That Condition Nos. 2 and 4~ above-mentioned, shall be complied with prior Co final buliding and zoning i~spections. _~_ PC7$-36 1 ~ ~~i ~ THE FOREGOING RESOLUTION is signed and approved by me this 27th day o` February~ 1918. ~~':~.~~// 9~~- CHAIRNAN~ ANAH IM CITY LANNING COMMi5510N ATTEST: ~~ °<' ~~.. SECRETARY~ ANAHEIM CI Y PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i~ Edith L. Narris, Secretary of the Anahelm City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 27, 1978, at 1:30 p.m., by the followtng vote of the members tFereof: AYES: COMMISSIONERS: BARNES. DAVID, HERBST, JOHNSON, KING. TO~AR NOES: COMMISSIONERS: NONE ABSENT: COMMISSi0NER5: LINN t978. IN 111THES5 WHEREOF, I have hereunto set my hand this 27th day ~f February, ~~~ ~z°. ~~ SECRE ARY, A~AHEIM CITY LANNING C MMISSION -4- PC78-36