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PC 82-199/"^'` /"1 RESOLUTION NO. PC82-199 A RESOLUTION OF THE ANAHEZM CITY PLANNING COMMISSION THAT ?'ETITION FOR VARIANCE N0. 3299 BE GRANTBD WHEREAS, the Anaheim City Planning Commission did receive a verified Petition £or Variance from LOUIS A. UGALDE, ET AL., 317 East Wilhelmina Street, Anaheim, California 92805, owner of certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOT 16 IN BLOCK C OF TRACT NO. 158, ELK PARK TRACT~ IN ".HE CITY OF ANAFTEIM, AS PER MAP RECORDED IN BOOK 12, PAGE 8 OF MISCELLAfIEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY• S•7HEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim or. October 18, 198'!, 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 ther.ewith; 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 waivers of the following to construct an addition to a detached single-family dwelling: (a) SECTI023 18.27.061.010 - Minimum building site area and 18.32.020.010 (5000 sq. ft. per dwelling required; 3338 sq. ft. er.isting) (b) SECTION 18.27.062,030 - Minimum floor area and 18.32.020.010 (1225 sq. ft. per unit required; 742 sq. ft. proposed) (c) SECTI~JN 18.27.063.020 - Minimum side yard setback and 18.32.020.010 (5 ft•. required; 2 to 3 ft. existing) (d) SECTION 18.27.063.030 - Minimum rear yard setback and 18.32.020.010 (10 ft. required; 1 to 9 ft. existing) (e) SECTION 18.27.066.010 - Minimum type of parking spaces and 18.32.020.010 (10 spaces, 4 enclosed in garages required; 10 spaces, 1 enclosed in a garage existing) PC82-.1.99 #02891 2. That the above-mentioned waivers are hereby granted on thE basis that the petitioner demonstrated that a hardship exists in that the structure is existing and on the basis that denial would deprive subject property of privileges enjoyed by other proper.ties in the same zone an3 vicinity. 3. That there are exceptional or extraordinary circumstances or conditions applicabl? 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 tne 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. 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. 6. That two persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FZNUING: That the Anaheim City Planning Commission has reviewed the proposal to construct an addition to a detached single-family dwelling with waivers of minimum building site area, minimum floor area, minimum side yard setback, minimum rear yard setback, and minimum type of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 0.15 acre, having a frontage of approximately 50 feet on the north side of Wilhelmina Street, and further described as 317 E. Wilhelmina Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact repart on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim Genera.l Plan designates the subject property for medium density residential land uses commensurate with the proposal; that that Initial SY.udy submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City nf Anaheim Planning Department. 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 the existinq structures sY,all be brought up to the minimum standards of the City of Anaheim, including the Uniform Auilding, Plumbing. Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 2. That subject property shall be developed substantially in accordance with plaris and specifications on iile with the City of Anaheim marked Exhibi* Nos. 1. -2- PC82-199 _ ;, . . ~ -p. 3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTFIER 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 hereinabot~e set forih. 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 Ly me this 18th day of October, 1982. ~-~-~~~ ~~`~~~ ~CI~~RMAI~, ANAHEIM CITY NNING COMMISSION ATTEST• SECRETARY~-~ CITY PLA~ MMISSION STATE OF CALIF'ORNIA ) COUNTY OF ORANGE ) Ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Flanning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meetinq of the Anaheim City Planning Commission held on October 18, i982, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KIN~, LA CLAIRE, NOES: COMMISSIONERS: NONE AHSENT: COMMISSIONERS: MC BURNEY IN WITNESS WHEREOP, 2 have hereunto set my hand this 18th day of G-t, ~er, 19& .. U.S[,C.~ ./, , 0~ - i~~ti[it.e.e SECRETARY, ANAHEIM CITY PLANNING COMMTSSION -3- PC82-199