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PC 78-66RESOLUTION N0. ?C 7$-66 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIOfJ THAT PETI710N FOR VARIANCE N0. 3005 BE GRANTED WHEREAS~ the Anaheim City Planning Commisston did receivc a verifted Pe[ition for Variance from 808 AND ELIZABETH KIRKPATRICK, BILLY L. AND PATRICIA WOLFE, and OSCAR AND ELI~ABETN STANY.OV, 905 South Euclid Street, Suite 111~ Fullerton, Californta 92633, owners, and TALLAS D. MARGRAVE. JP.., 161 Fashion Lane. Suite 110, Tustin, California 92680, (agent) of certain real property si:uated in the City of Anahelm, County of Orange, State of California destribed as: The SouCh 100 feet of the North 360 feet of the East 448 feet of the Mortheast Quarter of the Northeast Quarter of the Northeast Quar2er of Section lj, in Township A South, Range 11 West, S.B.B. E M. WHEREAS, [he Cfty Planning Commission did hoid a public hearing at the City Hall in the City of Anaheim on April 10, 1978. at i:30 p.m., notice of said public hearirt~ having been duty given as requirrd by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investEgate and make findings and recommendations in connection therewith; and 41HEREAS, said Commission, after due inspec[ton, investiga[ion and study made by itself and in its behalf, and af[er due consideratfon of all evidence and reports offered at said hearing, dces find and determine the following facts: 1. That the petitioner proposes a waiver of the foliowing to construct a 24-unit apartment complex: SECTION 18.34.062.012 - Maximum struccural hei h[ ~1 stor~ permitted w(thin 150 ~eet of RS-A-k3,000 zoning; 2 stories proposed) 2. Tha[ the above-mentioned watvcr is hereby granted on the Lisis that the petitloner demonstrated thaC a hardship exists in that a similar request was previously granCed on the property south of subJect property. 3. 7hat there are exceptional or ex[raordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do nat apply generaliy to the property or class of use in the same vicfni[y and zone. 4. That the reques[ed variance is necessary for the preservation and enJoyment of a substantial property rTght possessed by other pro~erty in the same vicinity and zone. and denied [o the property in question. 5. That the requested vartante will not be matartally detrimental to the public welfare or inJurious ta the property or improvements tn such vicinity and zone In which ihe property Is located because the three nearby RS-A-43,000 prope~ties whtch are the reason for the requested waiver are desi9nated for general commercial land uses by the Anaheim General Plan and because cwo of said properties are currently developed with commercial uses. PC78-6b 6. That two (2) pcrsons indicated thetr presence a[ said public hearing in opposition; and tha[ no correspondence was recelved in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commisslon has reviewed the subject proposal to reclassify the zoning from RS-A-43,000 (Restdenttal. Agricultural) to RM-1200 (Residentiat, Multiple-Family) ta construct a 24-unit apartmen[ complex with waiver of maximum struc[ural height an a rectangularly-shaped parcel of land consisting of approvfmately 0.9 acre having a frontage of approximately 100 feet on the west sfde of Maqnolia Avenue. having a maximum depth of approximately 395 feet, being located approxtmately 262 feet south of the centeriine ~f Ltncoln Avenue; and does hereby approve the Negative Declaratlon from the requirement to prepare an environmental tmpact report on the basis that there would be no signiffcant indtvidual or cumulative adverse environmenCal impact due to the approval of this Ne9ative Declaration since the Anaheim General Plan designates the subject proper[y for medium density residenttal land uses commensura[e with the proposal; tha[ no sensitive environmental impacts are involved ln the proposal; that the Ini[ial Study submitted by the petttioner indicates no significant Tndividuai or cumulative adverse environmental impacts; and that the Negative Declaration substantiating [he foregoing ftndings ts on file tn [he City of Anaheim Plann(ng Department. NOW, THEREFORE~ 8E IT RESOLVEO that the Anaheim Cfty Planning Commfssion does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequtstte to the proposed use of the subject property in order to preserve the safety and general w~iFare of the Cici~ens of thc Gi[y of Anaheim: 1. That this Variance is gran[ed subJect to the completion of Reclassification r~o. 77-78-54, now pendina. 2. Thai subjcct property shall be developed substan[tally tn accordance with plans and specfftcations on file with the Clty of Anahetm marked Exhibit No. 1. THE FOREGOING RESOLUTION is s(gned and approved by me thts lOth day of Ap~il, t978. ~ ~ r~~ 9~-~ CHATRNAN~ ANAHEIM LITY LANNING COMNISSION AT7E5T: SECRETARY,- ANANEIM CITY PLA~:NIhG COMHISSION STATE OF CALIFORtIIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris. Secreta~y of the Anaheim Ci[y Planning Commtssion. do hereby certify that the fo~egotng resolution was passed and adopted at a meeting of -z- Pc78-66 . ; , the Anahelm Ctty Plnnning Commlssion held on Aprtl 10, 1978~ at 5:30 p.m,, by the foliow(ng vote of the manbers thereof: AYES: COMMISSIONERS: BARNES, OAVID. HERBST, JOHNSON, KING, TOLAR NOES: COM415SIONERS: NONE ABSENT: C04MiSS10NER5: LI~IN 1978. IN WITNE55 UHEREOF~ I have hereunto set my hand this lOth day of April, ~~ ~ ~~~ SECRETARY, ANAHEIM GITY PLRNNING COMMISSION , -3- PC78-66