Loading...
PC 78-43RESOLUTIOFI N0. PC73-43 A RESOLUTIOt~ OF THE ANAHEIM CITY PLAt~NING COMMISSION TFIAT PETITIOtJ FOR VARIAtICE N0. 2995 BE GRA~~TED WFIEREAS, the Anaheim Gity Planning Commission did receive a verified Petition for Variance from MEB INVESTMENTS ~28, 3723 Birch Street ,923, Newport Beach, California, 92660, owner, and DOUGLAS PfiWRIE, 3723 Birch Street, Newport Beach, California 92660, agent, of certafn real property sltuated in the Lity of Anahe(m, County of Orange, State of C~llfornia descrlbed as: That portion of Lo[ 1 of Tract 8079, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 340, Pages 4 and 5, of Miscellaneous Maps, in the office of the County Recorder of said County; described as folloris: Beginning at [he northwesterly corner of said Lot i; thence along the boundary lines of said lot 5.89~42'S7"E. 4?2.35 fee[, S.Oo17~03"W. 18.00 feet, 5.~39° 42'S7"E. 299.02 feet, 5.0~03'08"W. 22A.39 feet and 5.89°58'36~~w. 54i.29 feet to a line paraliel with and distant easterly 250.00 feet, measured at right angles, from the westerly line of said lot; thence along said parallel line N.G~ 03'08"E. 225.30 feet to a line parallel with and distant southerly 25.00 feet. measured at right angles, fron the most nor[herly line of said lot; thence along said last mentioned parallel line, N.89~ 42~57"W. 250.00 `eet to the westerly line of sa(d lot; thence along said westerly line, N.~ 03~08"E. 25.~0 feet to the point of beginning. WIiEREAS, the City Ptanning Commission did hold a public hearing at the City Hall in the City of Anaheim on March 13. 191~, at 1:30 p,m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chaoter 18.03, to hear and consider evidence for and against said proposed variance and to investlgate and make findings and recommendatlons in connection therewith; and WNEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: t. That the petitioner proposes a waiver of the following to construct a 30-unit condominium complex: a. SECTION 18.31.061 - Minimum bulldin sf[e wldth. 70 eet required; 2S eet proposed) b. SECTION 18.31.061.012 - Mlnimum bufldin site area er dwellin untt. 000 5 uare eet unit required; 35 0 square eet unit proposed) 2. That the above-mentioned waivers are hereby granted on the basis that the area of the mfntmum buildtng site width will be used only for a driveHay and no building wili be tonstructed in sald area and that a hardship exists in that a simllar waiver of minimum building site area per dwelling untt was recently granted on a nearby parcel of land, PC78-43 3, That [he requested vartance ts hereby granted subJect [o petitioner's stipulations to: Revise the submitted plans by reversing the project to provide a 23 foot wide access drive on the south property line instead of the north; that wili be developed in accordance with City of Anaheim private street standards with curbing and a sidewalk on one side of the private drive access being provided; b. That the swimming pool shall be relocated from the southeast corner of subject property to the northeast corner; c, Tnat said revised plans shall be reviewed by Planning Department staff to determine whether or not they are substantially in accordance with the intention of the Planni~g Commission. 4. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do ~ot apply generally to the property or class of use in the same vic(nity and zone because subject property (a "flag" lot) will have a long narrow portion providing vehicular access only and said portion will not be utilized as a building part of the site. 5, Tnat the requested variance ts necessary for the preserva[ion and enjoyment of a substantial property ~ight possessed by other property in the same vicinity and zone, and denied to ihe property in question, in [hat similar waiver requests have been granted. 6. That the requested varlance will not be materially detrimental to the public wetfare or inJurious to the property or improvements to such vicinity and zone in a~hich the property 1s located. 7, That no one indicated their presence at said public hearing in opposition. EtiVIRO27MEt7TRL lHPACT fl`1QlflG: That Lhe Anahelm Ctty Planning Commission has reviewed the subject proposal to reclassify the zoning from the LL (COMMERCIAL. LIMITED) to the RM-4000 (RESIDENTIAL. MULTIPLE-FAMILY) zone to construct a 30-unit condominium complex with waivers of minimum building site width and minimum building site area per dwelling unit on an irregularly-shaped parcal of iand consisting of approximately 3 acres having a frontage of approximately 28 feet on the east side of Euclld Street. having a maximum depth of approximately 791 feet, and beTng located approximately 25a feet south of the centerline of Romneya Drive; and does hereby approve the Negative Declaratlon from the requtrement to prepare an environmental impact report on the basis that there would be no sign~ftcant individual or cumulative adverse environmental impact due to the approvat of this Negative Declaration since the Anaheim General Plan designates the subJect proper[y for medium density residential and general commerctal land uses commensuraYe with the proposal; that no sensitive envTronmental impacts are involved in the proposal; thak the Initial Study submiLted by the petttloner indicates no significant indtvldual or cumulative adverse environmental tmpacts; and that the Negative Declaration substantiating the foregoing findings is on file in the Cicy of Anaheim Planning Depa~tment. NON, THEREFORE, BE IT RESOLVED that the AnaheTm City Planning Ca~nlssion does hereby grant subject Petition for Variance~ upon the following conditions which -2- PC78-43 ~ ~ ~ _: are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Gitizens of the City of Anaheim: 1, That this Variance is granted subJect to the completion of Reclassification No. 77~78-47, now pending. 2. That subJect praperty shall be developed substantially in accordance with plans a~d speciflcatlons on file with the City of Anaheim marked Exhibit Nos. 1 thru 6, provided, however, that the proJect shall be "reversed" to relocate the access drive to the south side of the property, that the drive shall be developed in accordance with the City of Anaheim standards for private streets with curbing and with a sidewalk on one side, and thai the swimming pool shall be relocated fran the southeast to the northeast corner. THE FOREGOING RESOLUTION Is signed and approved by me this 13th day of March, 1978. ,~,.~~ ~ ~~~ CNA AN, A~JAH I H C ITY PLANN 1 tIG COMM 1 SS I ON ATTE57: ~~ -r° Al~..~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CAIIFORNIA ) COUNTY OF ORANGE ) ss. LITY OF ANAHEIM ) I~ Edlth L. Harris, Secretary of the Anahcim City Planning Cammission, do hereby certify that the foregoing resolutlon was passed and adopted at a meeting of the Anaheim City Planning Cammission hetd on March 13, 1976. at 1:30 p.m., by the foiiowing vote of [he me~tbers thereo`: AYES: COMNiSSI0NER5: BARNES, DAVID~ HERBST. KING~ LINN, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: JOHNSON 1978. IN WlTNE55 WHEREOF~ I have hereunto set my hand this 13th day of March~ ~~L ~° ~.~.:., SELRETARY~ ANAHEtM CiTY PLANNING COMMISSION -3- PC7a-43