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PC 81-174RESOLUTiON rJO, PC;1-17~F A RESOLUT!0!; OF THE /1NAHE1`t CITY PL~,W~I!'!G COHHISSI01; TI1AT P[TITI01! FOR VARIAhli.F t!!1. 37.37_ [3E GRAtITFO WHFREFlS, the F,naheim City Planning Commission did receive a verified Petition for Variance from LYh~ld K, KELL[Y AhID HELFPI F, Y.ELL[Y, 1~1~ Coronet, Space 107, Anaheim, California 52;i01, ormers, and 1~lAR~Ei~J DEVELnP~fE~lT (I;en Idarren) 41+1~-6 North iJev~port Boul~vard, Ne~~porr Beach, California 926~3, agent, of certain real property situat>_d in the City of Anaheim, County of Orange, State of California described as: Lot 15 in Tract 796, in the City of Anaheim, as per map recorded in E3ook 2~F, Pages 2& of Miscellaneous Maps, in the office ~f the County Reccrder of said Caunty. Except the Southerly 3~,5 feet and the tidest ,'_~ Peet thereof. WHERFAS, the City Planning Comr~ission did hold a puhllc hearinp at the Civic Center in the City of Anaheim on August 1~, 1~81, at 1:3~ p,m., notice of said public hearing having been duly given as required hy lao-~ and in accc~rdance with the provisions of the Anaheim Mu~icipal Code, Chapter 13,~~, to hear and consider evidence for and against said proposed variance and t~ in~~esttgate and mar:e `~ncfings and recommendations in connection there~•iith; and lJhiERE.4S, said Commission; aftPr due inspection, investigation an~1 study made by itself and in Its behalf, and ~fter due cnnsideration of ail evidence and reports offered at said hearing, does f(nd and determine the follo~,~inn facts: 1. That the petitioner requests ~;aivers of the follo~.oing to estahlish an u-lot, 7-unit condominium suhdivision: (~1 SFCTlnri ~a ~i ,~~ ~~~ - ~i:GcJil"eu IOL fi'Ont~g~. frontage on public strFet or alley required; private street r;ntage pronosed, (B) SECTIO~! 13.31,OG3.024 - tlinimum landscaped sethacEr. 20 feet required a~ljacent to single-famlly residential zoning; 10 feet proposed) 2. That the above-r~entioned ~•~aivers are herehy granted on the basis of the si.e and shape of the oroperty and that the request is mintmal and deni;,l wpul~ deF•rive subject property from a privilege en.joyed by other propertie= in the same zore and vic?nity. 3. That there are exceptional or extranrdinary circumstances or conditiuns applicable to the property involved or to the intended use of the oroperty that do not apoly gcneraliy to the property or class of use in the same vicinity and zone. 4, That the requr_sted variancr- is necnssary for t'-~e preservation and enjoyment of a substantial property right po~,essed L•~r othc,r property in the same vicinity and zone, and denied to the property in c~uestion. PC£31-174 5. That the request~d variarce ~:~ill nnt he materially detrimentai to the Pu~~iic ~•~c.1`are or injurious t~ Yhe property or impr~vrments in s~ch vieini~y ~nd zone ~n which the property is located. u, That no one indicaterl their pr~~sencr_ at said nublic hearing in opposition; and thaT. no correspondcnec ~~;as received in opnositi~n to tye subiect peti[ion. EtJVIROt1MEPlTAL 111PACT FIPlDIilG: That the Anaheim City Planninq Commission has rev~e~•fed Che proposal to cnnstruct an ;-~~L~ ~ 7-~nit cendoniniun subdivision with ti-~aivers of required lot `rontane anci minimum landscapr_d sethacr on a rectantularly- shaped parcel of land consisting of anpror,imately 7,5 acre, havinq a frontage of approximately 7~ Feet on the east side of 4febster Avenue, having a maximum d~pth of approximately 27~) feet and being located ap~roximately 1~1n fcet south of the centerline of Clearbrool: Lane (~~3 South tJehster /lvenue); and does hereby ~pprove the tJegative Declaration f rom the requiremcnt to prepare an environmental impact report on the basis that there i•ro uld be no significant individual or cumulative adverse environmental im~act due to the a~proval of t};is P~enative fleclaratir~n since tiie Anaheim General Plan designates the s~.~bject pronerty for nediun density land uses commensurate ~•~ith the proposal; that no sensitiv~ envlronnental impacts are involved in the proposal; that the initial Study submitted hy thc petitioner indicates nu significant individual or cumulative adverse environnental impacts; and that the Negative Declaration substantiating the f~re~ein~ findinr~s is on file in the City of Anaheim Planning Departmenta t104!, THEREFORE, ElE IT RESOLVED that the Anaheim City Planning Commission does hereby gr~nt suhject Petition for Variance, uoon the folio~;~inq conditions aihich are iiereby found to be a necessary prerequisite to the r~mposed use of the subject prope~*_y in order to preserve t`ie safety and general!~ielfare of the Citizens of the City of Anaheim: Recl~acqf~,.,r;That~ this Variance is granted suhject to the cn~,~ir,+~,,., ~~ , .. ~ ,..L` ~ i~ua~ penu i nn. _ 2. That a 6-foot hi~:~ masonry t•~all shall be construr_trd a1on~ the east property line. 3. Prior to issuance of buildjng permits, tfie applicant shall present evidence satisfactory to the Chief Building Inspector that the units a~ill be in conformai,ce o-rith hJoise Insul~tion Standards specified in r.he California F.dministrative Code, Title 75, 'F, That suhject property shall be developed suhstantially in accordance h•ith plans and specifications on file ~•~Ith the City of /lnaheim marked Exhibit Nos. 1 through 5. 5. That Condition Nos, 2 and 1;, ahove°mentione:f, shail be complied 4~(th prior to final building and zoning inspections. E3E IT FURTHER RFSOLVED that the .4naheim City Flinnin~ Commission CI(~P.S hereby find and determine that adoption of tnis Resolution is exnressly pr~ciicated upon ~pplicant's complian~e ~•~ith each and ~ii of the cnniitions heretnahove set forth. Should any such condition, or any part thereof, be declareci invalicl or unenforceable -z PC81-171i by the final judgment of any court of competent jurisdirtion, then this Resolution, anu any approvals hcrnin contain~d, shall 6e deemed null arid veid. THE FOREGf11MG RESOLUTIO~! is siqned and a~~rov~~! by ne this lOth day of August, t931. ~.~,.-~- ~ ~~.~- CfiAIR~IAII, APIANEIt1 ClTY PI_AN~I!tIG C~MNISSION ATTEST: ~Q~ ~ ~~ SECRETARY PRO TEMPORE ANAHEIM CITY PLAt~hJi~lG COHMISSIOII STAT[ OF CAL I FOK(l I A ) COUNTY OF ORAPlGE ) ss. CITY OF ANAH[IP1 ) I, Pamela H. Starnes, Secretary Pro Tempore of the Anahein City Pianning Commission, do hereby certify that the foregoing resolution ~~as passed and adopted at a meeting of the Anaheim City Plannina Comnisston held on Aunust 10, 1~31, at 1:30 p.m., by the `ollo~•~ing vote of the memhers thcreoP: AYES: COMMI5510,"JEFlS: EARNES~ EOU.15~ EUSHORE~ FP.Y~ HER~ST~ I:I"I~ tJOES: COM111SSIOtJEP,S: PJOPJE A65EIdT: C0~1FIfSSIOWERS: TOLA.°, I~! WIT~lESS 4111EP,EOF, I have hereunto set my hand this 1^th day of August, 1~31. ~~. ~ ~~~ SECRETARY PRO TEF1POrE A~J~HE I M C I TY PLAMfJ I N; COMM I SS I ON -3- Pr.II~-~7~F