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PC 78-80RESOLUTION N0. PC78-80 RESOLUTION OF THE ANAHEIN CITY PLANNI~~G CONMISSION THAT PETITION FOR VARIANCE N0. 3006 8E GRANTEO. 1JHEREAS~ the Anahelm City Planning CommTssion dld receive a verifted petition for Variance ROBERT M. LAW. 13292 Ramona Drive, Garden Grove. Californta 92640. owner, and PHILIP BORSUK, 624 Tigertatl Road, Los Angcies, Lalifornia, 90049. agent, of certain real property situAted in the City of Anahetm, Lounty of Orange, State of Califurnia, described as follows: THAT PORTION OF THE NORTNWEST QUARTER OF THE SOUTHWEST QUARTER OF 7HE NORTHWEST QURRTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE LITY OF ANAHEIM~ COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SH041N ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BOUNDED NORTHERLY BY TNF NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; EASTEF;LY BY THE WEST L1NE OF THE EAST HALF OF SAID NORTHNEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHNEST QUARTER; SOUTHEASTERLY BY THE NORTHWESTERLY LINE OF THE LAND CONVEYED TO THE ORANGE COUNTY FLOOD CONTROL DISTRIGT 8Y DEED RECORDED JULY 7~ 196o IN BOOK 5317 PAGE 208, OFFICIAL RECORDS OF SAlD ORAtIGE COUNTY; AND WESTERLY BY THE EASTERLY LINE OF BEACH BOULEVARD AS CONVEYED Td THE 57ATE OF CALIFOP,NIA BY DEED RELORDED JULY 25, 1951 IN BOOK 2203 PAGE 577 OF SA10 OFfICIAL RECORDS. 41HEREAS, the Gity Planni~9 Camission did hold a public hearing at the City Hall in the City of Anahelm on April 2~, 1978, at 1:30 p.m., notice of said public hearing having been duly given as requlred by law and in accordance with the provisions of the Anaheim Mun(cipal Code, Chapter 18.03, to hear and consider evidence for and agalnsi sa(d proposed variance and to investigate and make findings and recoramendations in connection therewith; and NFiEREAS~ sa~d Lommission. after due inspection, investi9ation and study made by itself and in (ts behalf, and after due conslderation of all evidence and reports offered at sald hearing. does find and determine che following facts: 1. That the petitloner proposes a waiver of the following to construct a carpet store: S~CTION 16.06.060.022 - Minimum number of re uired arkin s aces. spaces required; 3 spaces proposed 2. Tha[ the above-mentloned waiver is hereby granted for a carpet store on the basis that the petitioner demonstrated that a hardship exists In thac the subject property is irregularly-shaped with a proportlonately large landscaped front setback because of the amount of street frontage; and that testimony presented at the public hearing indicated the proposed use does not typtcally requtre as rtany parkTng spaces as ~equlred by the Ctty of Anaheim Code; and that the requesL Is minimal amounting to less than a 7$ devlance from the required numbe~ of parking spaces. PC78-8o 3. That there are exceptional or extraordinary circumstances or condTtions applicable to the proper[y involved or to the intended use of the property that do not apply 9enerally to [he property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantia) property right possessed by othcr property in the same vicinity and zone, and denied to the property in question, 5. That the requested variance will not be materialiy detrimental Co the public welfare or inJurious to the property or improvements tn such vicTnlty and zone in which the property Is located. 6. That no one indicated their presence at said public hearing in opposition; and that no correspo~dence was received in opposition to the subJect petition. ENVIRONMENTAL IMPACT FINDING: That the Anahetm City Planning Commission has reviewed the subject proposa to reclassify the zoning from RS-A-43,000 (RESIDENTIAL/AGRICULTUA~L) to CL (C~HMERGIAL, LIMITED) on an irregularly-shaped parcel of land consisting of approximattly 1.0 acre having a frontage of approxima[ely 249 fcet on the east sidc of Beach Boulevard, having a maximum depth of approximately 280 feet , being located approxima[ety 1065 feet north of the centerline of Orange Avenue, to construct a carpet store with waivers of the minimum number of required parking spaces; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on thc basis that ihere would be no significant individual or cumulattve adverse envtronmental impact due to the approva) of thIs Negative Declaration since the Anahcim General Plan designates the subJect property for general commercial la~d uses commensurate with the proposal; chat no sensitive envtronmental impacts are invoived in the proposal; that the tnitial Study submitted by the petitioner tndicates no significant individual or cumutative adverse envirommental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. N04(. THEREFORE, B"e IT RESOLYc"D that the Artahelm Ltty P2annln4 Cor.misston does hereby yrant 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 ordcr to preserve the safety and general welfare of the Citizens of the City of A~aheim: 1. That this Variance is granted subJect to the completion of Reclassiffcation No. 77-78-55, now pe~ding. 2. That subject property shall !,~'developed substantlally in accordance with plans and specificstlons on fil~~ with tFke {Tty of Anahelm marked Exhibit Nos. 1 and 2. THE FOREGOING RESOLUTION i• si9ned and approved by me this 24th day of April~ 1978. v C IRMAN, ANAHEIM CIT PLAN ING COMMISSION ATTEST: ~~ ~ ~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMiSSiON PC78-80 -2- ~...;~ 1 STATE OF CALIFORNIA ) COU~~TY OF ORANGE ) ss. LITY OF ANAHEIM ) 1. Edith L. Harris, Secretary of the Anal~eim City Planning ~~issTon~ do hereby certify that the foregoing resotutlo~ was passcd and adopted at a meeting of the Anaheim City Planning Canmission held an April 24, 1978. at 1:30 p,m., by the following vote of the members thereof: AYES: COM1115510NER5: BARNES~ DAVID, KING, TOLAR NOES: LOMMISSIONERS: HERBST ABSENT: COHMISSIONERS: JOHNSON~ LINN IN WITNESS WHEREOF~ I have hereunto set my hand this 24th day of April~ 7975. . D ~ , •C SECRETA , ANAHEIM CITY PLANNING COMMISSION -3- PC78-8o