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PC 81-227RESOLUTION NO. PC81 -227 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3238 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from THE FIELDSTONE COMPANY, 17911 Mitchell Avenue, Irvine, California 92714, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTH HALF OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3 AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 7 TO 11 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 19, 1981, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of November 2, 1981; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes a waiver of the following to establish a two -lot, 105-unit condominium subdivision: SECTION 18.31.061.012 - Minimum lot area per dwelling unit. (3000 square feet required; 2937 square feet proposed) 2. That the above-mentioned waiver is hereby granted on the basis that the petitioner demonstrated that a hardship exists in that the request is minimal amounting to less than 3% deviance from Code, and on the basis of the irregular shape of subject property. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. 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. PC81 -227 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone In which the property is located. G. That 10 persons indicated their presence at the November 2, 1981, public hearing in opposition; and 30 persons indicated their presence at the October 19, 1931, public hearing; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: Environmental Impact Report No. 113 was previously certified by the City Council on March 16, 1974, in conjunction with the approval of the Anaheim Shores Planned Community. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following 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 completion of Reclassification No. 81 -82 -3, now pending. 2. That subject property shall he developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 7. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions 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 jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of November, 1981. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION -2- PC81 -227 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 2, 1931, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSIIORE, FRY, IIERBST, ICING, MC BURNEY NOES: COMMISSIONERS: BOUAS ABSENT: COMMISSIONERS: NONE 1981. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC81 -227