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PC 81-112R[SOLUTIOtI fJO. PC 31-112 A RESOLUT I Oh~ OF THE AP1AI IE I H L I TY PLAP!PI I MG COH!1 I SS I ~N TH/,T P~TITIO'! FDR ~ARIAIJCF. ~an. 3; 15 3E CRf1"ITE^ b!HERF~S, the Anahe~m City Pianninn Commission -11d receive a verified Petition for Variance from .i[RI NUR MAKSOPI KPlOIdLES Y.EPEPJEK., 1577. blest Orannetaood Avenue, Anahcim, California '?2~J:;, o~•,ner of certain real property sltua:ed in thr_ City of Anaheim, County of Orange, State of California, descrihed as: THE IJORTN 25fi FEET OF THE ~dEST 2 ACRFS OF TIIE E/1ST h'ALF OF THF NORTL'WEST QUARTE^ OF TH[ tlORTHEAST QUARTER OF TNE S01)Tt!WEST QUARTER OF SECTiO~I 23, Itl TOl•1NSHIP 4 SOU7H, RANGE 1!1 WEST, I"d THE RAMCHO LOS BOLSAS, AS PER M~P P,ECfIRDF.D I"I BOOK ;1, PAr,~ ~0~ M15CELLA~JEOUS N.4PS, t~l THE OFFICE OF 7NE COUriTY RFC~P,DER OF SAID COUr1TY. 41NEREAS, the City Planning Commission did Hall in the City of Anahei~~ on Hay 1%3, 1~3;, at 1:3n hearing having been duiy given as required hy provisions of th~ Anaheim t1unicipal Code, Chanter evidence for and against said proposed variance and and recoTnendations in connection therev~ith; and iol~i a pii61 ic '-~arin~ at the City n.r~., notic~ of said public la~•~ anci in accoroance with the ~~•~3, tn hear an~ cor,sider to investiaate and m2ke findinas ~1NEREAS, said Commission, after due inspection, investiaation and st~dy r~ade oy i*_seir and in its behalf, and after due c~nsideration of ali evidence and reports offered at safd hearina, does find and determire the foilo~-~inq facts: 1. That the petitioner proposes a~,~a(ver of the following to establish a 2-lot, ~5-7~00 subdivision: SECTIO`1 1,4,26.061.020 - ~tinimum lot aridth and frontage. ~ ~ eet rrquired; 1~ eet pronosedl Z. That the af,ove-mentioned ~..~aiver is !ierehy granted on the basis that the petitioner demonstrated that a hardship exists in that denial 4rou)d deprive sub,ject property of a privilege enjoyed by other properties in the same zone and vicinity. 3. That there are exceptional or extraordir~ry circumstances or conditions applicable to the property involved or to *_hc intended use of the property that d~ not apply generally to the oroperty or class of use in the same vicinity and zone. 4. That the request~~d variance is necessa ry for the preservatlon and enjoyment of a substantial property rigiit possessccl by other property in the same vicintty and zone, and denied to the property in question, 5. That the requested variance a~ill not he materiaily detrimenYal to the public welfare or injurious to the ~~operty or imnrovements in such vicinity and zonE in which the property is l~~cated. PC81-it2 ~. That no one ir.dicated their preserce at said puhlic hearina in opposition; and that no correspondencr-_ ~~ias received in opposEt?on to the subject petition. EtJVIRONt4~NTAL IMPACT F1tJDIP;G: That the Anaheim City Planning Commission has reviewed the proposai to reclassify suhject property from the RS-A-1! (P,esidential/Agriu~iturafj Zone to the RS-720~ (Residentiai, Single-Famil 3~~~~ establish a 2-lot, RS-72)0 subdivision on a rectan~ular~ Y) ~one to conststin of a Y-shaped parcel of land .9 pproximately 0,50 acre, havin~ a frontage of ap~roxinaYeiy 132. feet on the south side of Orange~-~ood Avenue, anpro;~imately 325 feet east of Loara Street (1!;72 West Jrangeaiood ~venue); and does hereby approve the ~lc~ative Declaration f rom the requirement to prepare an enviionmentai impact report on the basfs that tnere would be no sig~?ficant individua! or cumulative adverse environmental fmpact due to the approval of this PJeqative Declaration since the Ana~eim ~eneral Plan designates the subject property for low-density residential land uses commensura,*.e ~~~ith the proposal; that no sensitive environmental impacts are involved in the proposal; Lhat the Initial Study submitted by tlie petitioner indicates no signtficant tnd(vidual or cumulative adverse envirormental imnacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOIJ, THEREFOR[, C3E IT RESOLUE~ that thc Anahein CiCy Planning Corun;ssio~ does nereby grant subject ?etition for Variance, u~on the follo~ring conditions 4~hich are hereby found to be a necessary ~rerequisite to the pro~ d use of the subjer_t property in order to preserve the safety and general ~•~elfare of ~;P Citizens of the City of Anahein: 1. That this Variance is granted suhject to the cnmpletion of Reclassification t~o. 80-81-34, no~:~ pending. 2. That subject property shall be develoneci in cuh~t~~«;=) .-....a,,,._.,,_, ~•air~, F..yqi..t« ~~~. 1 (Na~cei ma .._,.....,. .. ~' pi and specitic building plans submitteri to and aporoved by the Planning Commission, prior to issuance of a huilding ~ermit. BE IT FURTIIEF RESOLVED tfiat the Anafietm City Planrinq Commission does hereby find ar,d determine that the adoptio~ of this Resolution is expressly predicated upon appl~cant's compliance with each and a11 of the conditfons hereinabove set forth. Should any condition or any part thereof, be declared invalid ar unenforceable by the final judgment of any court of competent jurisdiction, then tFis Resolution, and any approvals herein contained, sliall be deemed null and void, TIIE FOREGOING RESOLUTI0~1 is signed and approved by me th.is lIIth day of !lay, 1981, 1j~ ~ . ~~ CHAIR~1APl PRf1 7EHPDRF AtL9!;EIFt CITY PLl1l~?ll;lr, CoN~+IS51C~fl ATTEST: Y ~ ~ . SECRF~l1RY, NAHEIM CITY PL/1P1PJ1~I~ COM~11SS10"1 -Z- PC81-112 STAT[ OF CALIFORNIA ) COU(!TY OF OP,q19G~ } ss. CITY OF At~AHElr1 ) I, Edith L. fiarris, Secretary of the Anaheim City Plannino Commission, do hereby certify ~hat the foregoing resolution a~as passed and ad~pted at a meeting of the Anaheim City Flanning Commission held cn Nay l~i, 1~1~31, at 1:3~ p.m., by the folloti•~ing vote af the members thereof: AYES: COtiMI5S10"lERS: f3l1R~dE5, 90UA5, B!_'SHOR.E, FRY, HEREST, Y,IPiG FJO[S: COMM1~~10`~ERS: hJOtIE AE35[11T: C0~1HISSIOt!ERS: TOLAR (t! WIThIESS 1JHEREOF, I have hereun`.~ set My hand this 18th day of Nay, 19c 1. ~~. rc° ~~1it~-~%, SECRETARY, A~IAHEIM CI7Y PL NP~IN~ C~)MNISSIOti -3- PC£31-117_