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PC 80-32RESOLUTION P10. PC AQ-32 A RESOLUT I OtJ OF TFIE ANAHE I M C ~ TY PLAPJPI I P!G C011M I SS 1011 THAT PETITIOF! FOR VFlRIAPlCE DIO. 3~32 DE GRFlNTED k'~IEREAS, the Anaheim City Planning Cominission did receive a verified Petition f~r Variance from BEAM DEVELOPMEPIT COMPANY, 1164 North Euclid Street, Anaheim, Ca!ifornia g2301, owner, and ROBERT D. HICKELSON, 13<< South Glassell, Orange, California 92666, agent, of certain real property situated in the City uf Anaheim, County of Orange, State of California described as: PARCEL 1 as sho4m on a map rccorded in Book 137, Pages 15 and 16 of Parcel Ptaps, records of Orange County, Califiornia. WHEREAS, the City Planning Commission dtd schedule a pubiic hearing at the i.ity Hall in the City of Anaheim on January 28, 1g80, at 1:30 p.m., notice of said public hearing having been duly ~iven as required by law and in accordance with the provtsians of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and mal:e findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of February 25, 1980, and WHEREAS, said Commission, after due inspection, investigation and study made by itself and ir, its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the foilowing facts: 1. That the petitioner proposes walvers of the followtng to construct a 1- )ot, 24-unit condominium subdivision: (a) SECTIOPI 18.31,062.012 - ilaximum structural height. (1 story permitted ~vith n 15~ feet of single-~amiiy residential zoning; 2 stortes proposed) (b) SECTION 18,84.052.~20 - Permitted building location. 50 foot setback from arterial hi hways re utred, 10 to 25 eet proposed 2. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardship exists in that subject property is triangularly-shaped with a grade level 5 to 25 feet below adjacent properties and hiliside secondary arterial highways. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the inter,ded use of the property that do not apply generally to the property or class of use in the seme vicinity and zcne. 4. That the requested variance is necessary for the preservati~n and enjoyment of a substantial preperty right possessed by other property in the same victnity and zone, and denied to the property in question. PC£30-32 5. That the requested variance will not be materially detrimental to ths public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located, 6. That eight (8) persons indicated their presence at the January 2~, 1980 public hearing in opposition and fourteen (1!E) persons indtcated their presence at the February 25~ 1980 public hearing in opposition and that no correspondence was received tn opposition to the subject petition. ENVIROPJMENTAL IMPACT FINDING: That the Anaheim City Planning Commisston does hereby find that Environmental Impact Report Plo. 234 for the proposed develooment, hav:ng been considered this date, and evidence both airitten and oral, having been presented to supplement draft EIR ~40. 23~!, potential environmental impacts of the project may be reduced to an insiqnificant level by conformance with City Plan, poitcies and ordinances and draft EIR No. 134 i~ in compliance with the California Environnental Quality Act and ~~~ith City and STate EIR Guidelines and, therefore, based upon such information, the Anaheim City Planning Commission certifies EIR No. 234. NOW, THEREFORE, BE IT RESOLVED that the Anahe3m City Planntng Commission does hereby grant subject Patition for Variance, upon the folioaiing conditions which 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 Citizens of the City of Anaheim: 1. That this Variance is granted subject to the com~letion of Reclassification PJo. 73-74-46, noor pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with t:ie City of Anaheim marked Exhibtt PJns. 1 ~hrough 11. BE IT FURTHER RESOLVED that the Anaheim City Plannin~ Commission does here6y find and determtne that adoption of this Resolution is expressly predicated upon applicant's compitance with each and all of the condttions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurtsdiction, then this Resolution, and any approvals here~n contained, shall be deemed nuil and void. THE FOREGOIPIG RESOLUTIOPI is signed and approved by me this 25th day of February, 1980. ~%a~Cu-LG..-~ ~ S~ Q2N~.s/ CHA I RWOMADI, ANAHE I M C I TY PLAND! I PIG COMM I SS I OP~ ATTEST: ~~ ~ ~ SECRETARY ~ ANAHE I h1 C I TY PLAtdPI I FJG COMM I SS I Otl -7.- PCIIO-32 ; ~:. STATE OF CALIFORNIA ) COUtJTY OF ORANGE ) ss. CITY OF AN~IHEIM ) ~, Edith L. Harris~ Secretary of the Anaheim City Planning Commtssion~ do hereby certify that the foregoing resolution o-ias passed and adopted at a meeting of the Anaheim City Planning Commission held on February ?5, 1980, by tiie following vote of the members thereof: ~'~~~; ,`; AYES: COMMISSIONERS: BARNES, BUSHORE, D,4VID, FRY, NEREST, KIMG, TOLAR NOES: C0~4MISSIONERS: NOtJE ~ ~~' ABSENT: CGMMISSIO~JERS: NONE ~N WITNESS WHEREOF, i have heree.nto set my hand this 25th day of February, 1980. ~ ~~ ~ Z~1~.~.~, ~ SECRETARY, ANAHEIM CITY PLAN~lING C011MISSION ~ -3- rca~-3z