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PC 80-113RESOLUTIOtI N0. PC 30-i13 RESOLUTI01! Of THE ANAHEIFI CITY PLAN~IINf; C~~IMISSIO~! THAT PETITIOP! FQR VARIANCE N0. 3158 BE DEP~IED WHEREAS, the Anaheim Ctty Planning Commission did receive a verified Petition for Variance from LINDA M. GRAfiAM, 1233~ East Howard, Whi~ttier, California 90601, owner, and APITJE FIENDERSO~J~ 600 West Roberta Avenue, Ful)erton, California 92632, agent~ of certain real property situated in the City of Anaheim~ County of Orange~ State of California, described as: That portio~ of Record of Survey I3ook 1 Page 55 of Record of Surveys~ in the City of Anaheim, County of Orange, State of Lalifornia, shown as Parcel No. 2 on a 14ap filed in Book 25 Page 19 of Parcel Maos~ in the 0`ftce of the County Recorder of said County. WHEREAS~ the City Planning Commission did hold a public hearina at the City Hall in the City of Anaheim on June ;~~ 1330. at i:30 p•m., notfce of said public hearing having been duly given as required by low and tn accordance with the provlsions of the Anaheim Municipal CodP, Chapter 13.n3~ to hear and consider evidence for and against said proposed varlance and to investigate and make findfngs and recommendattons in connection therewith; and 41HEREAS, safd Commtssion, after due Inspection~ investioa[ion and study made ~Y itself and in (ts behalf~ and after due consideration of all evidence and reports offered at said hearing~ does find and dete~nine the following facts: 1. Tha[ the petttioner proposes waivers of the following to construct a 4- unit apartment buildiny: (a) SECTION 18,34.062.012 - Maximum structural hei ht. on~-story permitted within 15J~et+of sinqle-family zoning; tvro stories proposed) (b) SECTION 18.34.063.023 - Minimum landsca ed setback. 5 eet requtred; ~eet proposed) 2. That the above-mentioned waivers are her~by ~ienied on the basis that the peLi[toner did not demonstrate that a hardship exists an~l that the request for reclasstficatlon to alla~ this proJect was denied and this vartance would be valid only for apartments as proposed 6y the reclasstfication actton. 3. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intencied use of the property that do not app)y generally to the property or class of use i~ Lhe sar~e vtcinfty and zone. PC80-113 4. 7hat the requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vtcinity and zone, and dented to the property in question. 5. Tha~ the requested variance will be matertally detrimental to the puulic welfare or tnJurious to the property or tmprovements in such vicinity and zone in which the property is located, 6. That approxtmately fifteen (15) persons inclicated their p;esence at sa(d public hearing In opposftion; and that no correspondence was received in oppositlon to the subJect petition. ENVIRONMENTAL IMPACT FINOIMG: That the Anaheim City Planning Commission has reviewed the proposa to reclassi y subject praperty from the RS-720~ (P,esidential, S(ngle-Family) Zone to the RM-1200 ~Resldential~ Multiple-Famlly) Zone to const~uct a 4-unit apartment complex a~tth waivers of maximum structural hetght and mtnimum landscaped setback on a rectangularly-shaped parcel of land consisting of approximately 5770 square feet, having a fron:age of approximately 50 feet on the east stde of Cherry Way~ having a maximum depth of a~proximately li5 feet and being located approximately l5b feet sQUth of the center line of Ronney~ Drive; a~d does hereby disapprove the Negative Declaration from the rAquirement to prepare an enviranmental Impact report on the basis that there ofould be stgnificant individual or cumulative adverse environmental tmpacts due to the approval of this Negattve Declaration in that reclassiflcatton ~aould be "spot zoning" on Cherry Way; that sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the peti[toner indicates sPgnificant indivtdual or cumulative adverse environmental impacts. KOW~ THE4EFORE, BE IT RESOLVED that the Anaheim City Pianning Co~xnission does hereby deny subject Petition for Varlance on the tasis of the aforementioned findinas. THE FOREGOING RESOLUTIO~~ is slgned and approved by me this 14th day of July, 19ao. ATTEST• ~~ii.C~ ~ .~ . , Ati ~j ~ -Q CNAIRtlOMAN, MAH IM C L NM N, COMM~'TSSION ~ ~• SECRETARY, ANAHEIM CI Y LANNING COMM SS10~! -2- PCBo-113 STATE OF CA(.IFOP,DIiA ) C;OUNTY OF ORADlGE ) ss. CITY OF ANAHEIN ) 1~ EditF~ L. Narris, Secretary of the Anaheim Cfty Planning Commission do herieby certify that the foregoing resolutfon was passed and adopted at a meeting of the Anaheim City Planning Commission held on July ilr, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE, FRY, KIF1G NOES: COMMISSIONERS: NONE ABSENT: COM~915SIOIvERS: HERBST ABSTAIN~ COMMISSIO~lERS: TOLAR VACAtJCY: O~IE SEAT I~J WITNE55 WHEREOF, I have hereunto se; my hand this l~~th day of July, 1g80. ~~CTE~A ~~ M T Alt~ NG OMM S ON -3- PC80-113