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PC 81-81RES~lU71. P; P~O. PC81-8i A RESOL!1T I ON OF THE A~IAHE I!1 C ITY PLA~I'd i NG CONM I SS i ~"! THAT PETITIOP~ FOR VARI.AtlCE F~O. 32~8 B~ GRAPITED. WHEREAS, the Anaheim City Planning Coromission did receive a verified petition for Variance from LAUREMCE R. LEf,GETT, ET AL, 1~32 lJest Orangewood Avenue, Anaheim, California 92Fi02, oUmers, and THOMAS E. SHELTOP~ OR JAMES E. DULEEOHPI, 11622 Seacrest Drive, Garden Grove, California, ~2G~i0, aqents of certain ~eal property situated in the City of Anaheim, County of Orange, State of Ca}ifornia, described as: The East 132.2~ feet of the West 257.37 feet of the North 32~•5 feet of the Northeast q~arter of the Plortheast quarter of the South+•~est quarter of Section 28, in Ta-;nsh+p 4 South, Ranae 10 West, San Bernardino Base and Meridian, in said Orange County; and PARCEL 1: The tast 132.20 feet of the 41est 3gq.57 feet of the North 329.5 feet of the Northeast Quarter of the Plortheast Quarter of the Southwest Quarter of Section 20, in T~xanship 4 South, Range 10 West, San [iernardino Ease and Meridian, in the County of Orange, State of California. tJhiEREAS, the City Planning Commission di~i hold a public hearing at the Civic Center in the City of Anaheim on April 20, 1981, at 1:30 P•m., notice of said public hearing having been duly given as required by iaui and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1£3.03. to hear and consider evldence for and against said proposed variance and to investigate and make fi~idings and recommendations in connection therewith; and bJHEREAS, said Commission, after due inspection, investigation and study made by itsetf and in its behalf, and after due consideration of all eviderce and reports oTTe~ed aC sald nea~inq, does rinu and UClC1II11iiC ~1~c `oi~G~:+ry `~ct~: 1, That the petitioner proposes waivers of the folloaring to construct a 9- lo*., RS-7200 subdivision: (a) SECTIO~J 18.01.13~ - Reauired lot frontage. rontaqe on dedicated street or al1eJ required; private street rontaae proposed tor 8 lots) (b) SECTION 18.26.o6i.010 - Minimum lot area. 7200 s uare eel required; 010, and 7060 square feet proposeu for 3 lots (c) SECTIOt: 18.26.n67.020 - Minimum lot width and frontaGe. 70 eet required; 5~ 53, 55 and 60 feet proposed for lots PC81-81 (d; SECTION 13.2~~.057_.020 - Maximum lot coverage. +0; permitted; +T1 and 43~ proposed for 3 lo*_s) (e) SECTIOM i~,26.063.01~ - Minimum front yard setbac~. 25 eet required; ~,~nd G6 feet proposed for 3 lots) (f) SECTION 18,26.Ou3.030 - 1linimum rear yard setback. 25 eet required~ 7, 15 and 22 feet proposed for 3 lots) (g) SECTIOPI 18.26.065,~10 - Permitted orientation of buildings. residences reaulred to rear-on arterial hiqhwa s; 1 side-on lot pro~oseJ 2 That the reque,ted waivers are herehy granted on the basls that denial ~•rould dcprive subject property of privileges being enjoyed by other property in the same zone and vicinity< 3. That the requested variance is herehy yranted subjecC to the petitioner's stipulations at the public hearing that there shall be no access onto Orangewood Avenue except for the approved private street; that thE exfstinq driveway on the northeas[erly parcel ("not-a-p~rt" of Trect No. 111FR2) shall be realigned to take access from the proposed private st.reet (l!averly Court); and that a ~~-foot high masonry wall shall be constructed along the east, riest and soutl~ preperty lines. !~. That tliere are exceptional or extraordinary circumstances or condttions applicable to the property involved or to the intended use of the property that do not apply ger~r.raliy to the property or class of use in the sar~e vicinity and ~one. 5. That the requested variance is necessary for the pr•eservation and enjoyment oi' a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6, That the requested variance will not be materia~ly detrimental to the public weifare or injurious to the property or improvements in such vicinity and zone in a~hich the property is located. 1. 7hat one person indicated their presence at satd public hearing in opposition; and that no corres~ondence o~as received in opposition to the subject petition. ENVIROPlMEP1TAL IMPACT FINDI`JG: That the Anaheim CiLy ?iannin~ Commission has revie~ved the proposal to reclassify suhject propertv from the RS-43~pflp (Residential/Agricuitural) Zone to the RS-7200 (Residentialr Single-Family) Zone to establisli a 9-lot RS-7200 subdivision ~~,itr, waivers of required lot frontaqe, mTnimum lot area, minimum lot width and frontaqe, maxi~num lot coverage, minimum front yar~ setback, minimum rear yard sethack and perritted orientation of buildings on a -2- PC81-81 rectangularly-shaped parcel of land consisting of approxim~tely 1.57_ acres, having a frontage of approximately 2G4 feet on the south side of Orange~•~ood Avenue, and being located approximately 27(1 feet ~rest of the ce.nteriine of Ninth Street (1>74 and 1532 West Orar.gewood Avenue); and does herehy approve the N~~gative Declaration from the re~uirement to prepare an environmental impact repart on the basis that there would 6e no significant individi~al or cumulative acJverse environmental impact due to the approval of this F~egative Declaration since the Anaheim General Plan designates 2he subject property for loardensity residential land uses co~rensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no siqnificant indivi:uai or cumulative adverse environmental impacts; and that the Negat(ve Declaration substantiating the foregoinq findings is on file in tlie City of Anahaim Plannino Department. NOW, THEREFORE, BE IT RE~OLVED that the Anaheim City Planning Cummission 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 properY.y in order to preserve the safety and general ~~relfare of the Citizens nf the CI[y of Hnaheim: 1. That this Variance is granted suh;ect to the completion of R~classification No.30-81-31, no~~: pendinq, 1. That suhject prc;,erty siall be ~Jeveloped suhstantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Plos. 1 through 9; provided, ho~~~ever, that a(-foot hl'gh masonry ~•~all shall be constructed aleng the east, west and ~vauth property lines; ttiat no access shall be provided to Orange~•~ood Avenue except for the approved Frivate street; and that the existir.g driveway on the northeasterly parcel t"not-~-n:~rt" nf Tr~r,t ~.in ++~~~~1 .~.,~+ ~.,. realigned to take access from the proposed private street (Ldaverly Court). ~ ~ u~ ~ 3. That Condition Mo. 2, above-mentioned, shall be comolied with prior to ~inal building and zoning irspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commissfon does hereby ftncl and determine that adoption of this Resolution is expressly predicated upon applicant~s compliance ~•~itli each and all of th~ condltions 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 ~urisdictTon, then this Resolu:ion, and any approvals herein contained, shall he deemed null and void. THE FOREGCING RESOLUTIOtJ i~ signed arn~ approved by me this 20th day of April, 1981, ATTESI'• __~~~~~% ~~/~_ CHHIRMAN, ANA~IEIN CITY PLANNING Cp!1MISSION ~.+ ,~,a~ SECf,ETARY A~JA ' ~ !~~J---~ . , Ht.M CITY PLFlNNING CC~MMISSiO!J -3- PCIIt-81 STA7E OF CALlFORPJIA ) COUNTY OF ORA"~GE ) ss. CITY OF ANAHEIM ) f, Edith L. Harris, Seeret-'y of the Anaheim City Planning Commission, do hereby certify that the foregoiny resolution o-~as passed and adopted at a meeting of the Anaheim City Planning Comm~ssion held on April 7_0, tn81~ hy thz following vote of the memhers thereof: AYES: COMMISSIOMERS: QARNES, 60UAS, BUSHORE, FP,Y, NERBST~ l:ING, TOLAR NOES: COMMISSIOtaERS: PJC~NE ABSEt•!T: COMMISSIONERS: MONE IP! WITFlE~S 41{iEREOF, I have hereunto set my hand this 2~2h day of April, 1~;81 . ~~ ~. ~,~ SECRETFlRY, ANAHEIM CITY PLANNIrJr, C~MMISSION -~- PC81-81