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PC 78-45RESOLUTION N0. PC 78-45 A RESOLUTION OF THE ANAHEIM CITY PLANNI?!G COMMISSION THAT PETITION FOR VARIANCE N0. 29?6 BE GR~NTED WFiEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from LEONARD J. AND GERALDIIIE LANICKI, 1676 Ord Way, Anaheim~ California 92802, owners, of certain real property situated in the City of Anafieim, County of Orange, State of California described as: Lot 9 of 7ract 2217 as per map recorded In Book 61, Pages 30 b 31 of Mtscellaneous Maps in the office of the recorder of said Orange County. WHEREAS, the City Planning Commission did hold a publTc hearing a[ the City Hall in the Li[y of Anaheim on March 13. 1~78, at 1:30 p.m., notice of satd public hearing having been duly given as required by law and in acco~dance wTth the provisions of the Anaheim Municipal Code, Chapter 18.03, to hcar and consTder evidence for and against said proposed vartance and to investiga[e and make findings and recommendations in connection therewith; and NYEREAS, said Commission, after due inspectlon. investiga[ion and study made by TtseTf and in its behaif~ and after due consideration of all evTdence and reports offered at said hearing, does find and detcrnine thc following facts: 1. Tha[ the peti[toner proposes Haivers of the following co convert a residentiai structure d~to a real estate office: a. SECTIOH 18.44.062.011 - Maximum structural hei ht. ee[ permitte ; eet existtng) b. c. SECTION 18.44.063.011 - Mintmum structural settack abu[tTn an ar[erial h( hwa .~ id eet required; eet exist~ng SECTtOtI 18.kt{.063.Q40 - Minimum structurat setback abuttin a residentlal zone. I 10 eet required; .5-i ee[ existing d. SECTION 18.44.066.050 - Minimum number of parkT~g spaces. (6 spaces requtred; 5 spacPs proposed) 2. That thc proposed vartance Ts hereby gran[ed on the basis tha4 the petitfoncr demonstrated that a hard~htp exists In tha[ che property is more suitable for commercial uses because ts tt locatcd between Cwo commercTal parcels fronting on Eucltd Street and w(th said parcels fo:ms a natural buffer between Euclid Street (an arterlal highway) and the residentiai uses to the west. 3. That cne above-mentio~ed wafvers are hereby granted on the basTs that the property is developed wich an existtng structure which wTll be renovated and brought Into conformance wi[h the appiicable Ctty of AnaheTm codes for commerclal bulldings. 4. That che petTtloner stipulated to the following: a. That the existing driveway on Sallie Lane shall be eliminated. Pt78-45 b. That thc chain link fence along E~clid Strcet shall be removed and the setback area witl be completely landscaped. c. That a six (61 foot high concrete bloc~ wall sfiall be provided along the west propcrty ltnc. d. That a"Right Turn Only" sign shall be posted at the Eucl(d Street driveway to restrict left-turns onto Euclid Strcet. 5. Tha[ there are exceptfonal or exeraordinary circumstances or conditions applicabte to the propcrty involved or co the Intended use of the praperty that do not apply generally to the property or class of use in the same vicinity and zone, in tfiac adJacent properties to the north and south also fronting on Eucltd Street have been developed commerctally. 6, That the requested variance is necessary for the preservation and enJoyment of a substantial propcrty right possessed by other property in the same vicinity and zone, and denied to the property in question, in that simllar requests for waivers related to commercial conversio~s of residential structures have been granted in the vicinity. 7. That the requested variance will not be materialTy detrimental to the public welfare or inJurious to the property or improvements in such vicinity and zone tr~ which the property is located, in that subject property as curren[ly devetoped is in a state of decline and the proposed conversion would upgrade the neighborhood, 8. That no one indicated their presence at said public hearing in opposition; and [hat no correspondence was received in opposition to the subject petition. E~~VIRONMENTAL IMPACT FINDING: Tha[ ihe Anaheim City Pla~ning Comnission has reviewrd the subJect proposal to reclassiFy [he zoning fron RS-7200 (RESIDENTIAL, SI~~GLE-FAMiLY) to CL (COMMERCIAL. LIMITED) and to convert an extsttng restdential structure into a real estate offlce wtth watvers of maximum structural height, minimum s[ructural setback abutting an arterial highway, minimum structural setback abutting a residentfal zone and mintmun number of parki~g spaces on a rectangularly- shaped parcel of land consisting of approximately 7260 square feet, located a; the norttrv+est corner oi Sallie Lane and EuclTd Street~ having approxi~nate frontages of 55 feet on the north side of Sallie Lane and 13z feet on the west side of Euclid Street; and does hereby approve the Negative Declaratton from the requireme~t to prepare an environmentai impact report on the basis that chere Hould be no significant individual or cumulative adverse environmental impact due to the approvat of thts Negattve Declaration since the Anaheim General Plan designates the subJect property for general commercial land uses commensurate wi[h [he proposal; that no sensitive envTronmental Tmpacts ara ir,volved In the proposal; that [he Initial Study submi[ted by the petitioner indicates no significant iodivid~al or cumulative adverse environmental impacts; and that the Negattve 6eclaratlon subst.~ntiatTn9 the foregoing findings is on file In the City of AnaheTm Plannt~g Department. NQW, THEREFORE. BE IT RESOLVED that the Anahetm C(ty Planning Commlssion does hereby grant subject Petitio~ for Variance, upon the following conditions wnich are hereby found to be a necessary prerequisite to the proposed use of the subJeet property in order to preserve thc safety and gcneral welfarc of the Citizens af the City oF Anaheim: -2- PC7a-~5 ( t, That this Variance is granted subJect to the compl~tT.,n of Reclassification No. 77-78-49~ now pending. 2. That subject property shail be developed substantially in accordance witti plans and specificattons on file with the City of Anaheim marked Exhibit Nos. 1 through 4; provided, hor~ever, that a. The existing driveway on Sallie Lane shall be eliminated. b. The chainlink fence along Euclid Street shall be removed and the setback area will be completely landscaped. c. A s(x (6) foot high concre[e block wall shall be constructed along the west property linc. d. A"Right Turn Only" sign shali be posted at the Euclid Street drivev~ay. 3. Tha[ Condition No. 2, above-mentio~ed, shall be complied wtth prior to final building and zoning inspections. TIIE FOP.EGOING RESQLUTION is signed and approved by me this 13th day of March, 1978. Gf i~.~-~,c._ Ch tRt4AN, ANAHEIM Clf LAdNItJG LONHISSION ATTEST: ~~~ ~ ~~ SECRETA , ANAHEIH CITY PLANNING COMHISSION STATE OF CALIFOR~lIA ) COUNTY OF ORAtJGE ) ss. CITY OF ANAHEIM ) I. Edith L. Harris, Secretary of the Anaheim City Planning Carcnission, do hereby certify that the foregoing resoiutton was passed and adopted at a meeting of the Anaheim Ctty Planning Commission held on Harch 13, 1978, at 1:3~ p.m., by the following vote of the members thereof: AYES: COMMiSSI0NER5: BARNES, DAVID, HERBST, KING, LIN~t, TOLhR NOES: COHMISSIONERS: NONE ABSENT: COMMISSIONERS: JOHNSON 1978. IN WITNESS WHEREGF, I have hereunto set my hand thls 13th day of March, ~ d ~ I~•.~ SECRETARY, ANAHEIM CITY PLAI~~~ING COMMISSION -3- PC78-45