PC 80-81RESOLUTIO~! N0. PC "u0-IIt
RESOLUTION OF THE A~!/1Hc1~1 CITY PLANhII~!G COMPIISSIOPJ
THAT PETITIOPJ FOR VARIANCE N0. 3149 BE GR.4~ITED
WHEREAS, the Anahelm City Planniny Commission did recetve a verified
Petitton for Variance from MELVI~d D. AND ALMA ;tUTH HIL~FPIFELD, 17.~ East Broadway,
Anaheim, California g28~5, oo-mers, and JOFiN F. S~:/IMT, 707 West North Street, Anaheim,
Californ~a 92805, agent, of certain real property situated in the City of Anaheim,
County of Orange, State of California describeci as:
Lots 10 and 11 of Konig Subdivision, as per map recorded in Book 6
Page 20 of Miscellaneous Maps, records in the office of the county
recorder of said county.
WHEREAS, the City Planning Commission did
Hall in the City of Anaheim on May 1~, 1930, at 1:30
hearing having been duly given as required hy
provisions of the Anaheim Municipal Code, Chapter
evidence for and against said proposed variance and
and recommendations in connection there~•~ith; and
iold a public hearing at the City
p.m., notice of said public
law and in accordance with the
1~.~3, to hear and consider
to investigate and make findings
WFIEREAS, said Commission., after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence ard reports
offered at said hearing, does find and determine the folio~ving facts:
1. That the petitioner proposes :•raivers of the follo4ring to expand an
existing mortuary:
SECTION 1fi.44.063.p40 - Minimum landsca ed sett,ac{:.
(ln eet required aiong the
south property line;
none proposed)
SECTION 18.44.068 - Required site screeninct,
(6-foot high masonry ~•rall required
along the south prooerty iine;
none proposed,
2. That the requested variance is hereby granted for development of
subject property in substantial accordance with precise plans identiffed as Exhibit
Nos. 1 through 5, for a proposed 2,200 square foot pari<ing garage adjacent to the
south property line, for an extsting residence along the south property line which
will remain, a~d for removal of existing buildings on the north property line. Any
modifications to said precise plans shall he revie~~ed and approved hy the Planning
Commission.
3. That the re-uested ~aaivers (a) and (b) are her•ehy granted on the basis
of tfie limited size of subject property; a~aiver (b) being granted subject to the
petittoner~s stiputation that the existing residentiai structure shall be retained
for residential purposes and if the property is tn be developed for uses other than
those proposed, the required site screening shall be proviued,
PC30-81
3. That there are exceptional or extraordinary circumstances or conditions
applicablc to the property involved or to the intended use of the property that r~o
not apply generally to the property or class of use in the same vicinity and zone.
<<. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
5. That the requested variance a~ill not be materially detrimental to the
public wel`are or inj~:rious to the property or improvements in such vicinity and zone
in which the property is iocated.
G. That one interested person indicated his presence at said public
hearing; and that no correspondence ti~:as received in opposition to the subject
petition.
EPlVIRONMENTAL IMPACT FIPIDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassi y subject propercy from the RM-1200
MULTIPLE-FA!11LY) ZOtJE to the CL (RESIDEPITIAL,
mortuary with araivers of minimum landscapedRsetbackia'ndEDequOr'edts(tePscreentngion'na
fronta9e,of,a shaped parcel of hland consisting of appror.imatc~y 0.35 acre having a
9 pproximaLely 100 fee. or the west side of Claudina Street, having a
maximum depth of approximately 154 feet and being locate~ approximately 1$0 feet
south of the centerline of Broad~•~ay; and does hereby approve the Negative
Declaration from the requtrement to prepare an environmental impact report on the
basis that there 4rould be no significant i~dividual or cumulative adverse
anvironmental impact due to the approval of this Negative Declaration since the
Anaheim Genera; Plan designates the suhject property for medium-~enstty residential
land uses commensurate a~ith tfie proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initial Study submitted by the petiti~ner
indicates no signiffcant indivi~uai or cumuiative adverse environmental impacts; and
that the Negative Ueclaration substantiating the foregoing findings is on file in the
City of Anaheim Planning Department.
PlOIJ, TNEREFORE, BE IT RESOLVED that the Anahetm City Planning Commtssion
does hereby grant subject Petition for Variance, upon *_he folloi~iing conditions tvhich
are hereby found to be a necessary prerequisite to the pro~osed use of the subject
property in order to preserve the safety and general ~•~elfare of the Citizens of the
City of Anaheim:
1. That this Variance is granted subject to the comp)etion of
Reclassification No. 7g-3p-36, r~ow pending.
2. That subject property shall be developed precisely in accordance wiY.h
plans and specifications on file ~,~ith the City af Anaheim marked Exhibit ~los. 1
through 5.
BE IT FURThIER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resotution is expressly predicated upon
app)icant'~ compllance ~~tF~ each and all of the conclitions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforcea6le
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deened null and void.
-2- PCBO-81
~;:~e _ _
1980.
THE FOREGOI~JG RESOLUTIOH is signed and approve~l by me this 1°th day of May,
~~ ~~~ ~ ~ ~_ ~
CHAIP,410,tAPl, APlAHEIM CIT PLA~JhJIP!~ ~+MISSIQPI
ATTEST:
lo ~4. ,~ • lY~il.t~
SECRETARY, ANAtIE I M C I TY PLAPlN I IJG COHM I SS I t?'•I
STATE OF CALIFORWIA )
COUNTY OF OP,ANGF ) ss.
C ITY OF AMAHE (~•1 )
I, Edith L. Harris, Secretary of the Anaheir~ City Pianninct Commission, ~lo
hereby certlfy that the foregoing resolution oras passed and adopted at a mePting of
the Anaheim City Planning Commission held on Nay 1~, 1~~?~l, by the folloaiing vote of
the members thereof:
AYES: COPIMISSIOMERS: 4ARPlES, DAVID, FRY, HE2~ST, Y.I!If,, T(1LAR
N0~_5: COMMISSIO~JERS: NONE
A3SE~1T: COPiM15510~1ERS: PI~JME
ABSTAItI: COMMISSIOtIERS: E3USHOR[
IPI l•IITNESS WFIEREOF, 1 have hereunto set my hand this 19th day of May, 19~'0.
`G~ .~ • ~~
SECRETARY, ANAHEI~I CITY PLANiJI!lG COMPIISSION
-3- PC8~-81