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PC 82-26RESOLUTIOtI r~o. ~c t~~-a_r, '~ A RESOLUTIOM OF TII[ AMAf1Elt1 CITY PLA"IP11Nf, COH~4ISSIOt~ THAT PETITIOtd FOR VARIAtICF. ~I~. 325~ DE CRAFlTED ~ ~~HERE/1S, the Anahein City Planning Commission did receive a verified ~'`'" Petition for Variance from l/Il.Ll/111 C. Tl10RMItJA AtlD f,YNTHIA L, TAQRMIMA a.;; : 721 ~I; IJorth Helena Street, /lnaheirn, California 928Q~, owners, of certain real property ~:;,.' situated in the City of Anaheim, County of Orange, State of California described ,~~ : • as: ;k~ i M1;~.; LOT ~~ OF TP,ACT N0. 1~7p, AS PER f1A° TIIEREOF r~GCORDED IFJ E30QY. 34 >~'~'? PAGE 36 OF ~11SCELLAPJEOUS HAPS, R[COP,DS OF QRANr,E COU~ITY, '~~I CqL i FQRH I A. ~ IJfIEREAS, the City Pianning Commission did hoid a public hearing at the City Hall in the City of Anaheim on February 22, 1~'f`?2, at 1;3o p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim ~lunicipal Code, Chapter 1~.~3, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therea~ith; and WfiEREAS, said Commission, after due inspection, investigation and study made by itself and in its hehalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the followtng facts: ~• That the petitioner proposes waivers of the following to construct an addition to a single-family residence: (a) SECTIQPJ 13.25,030.020 - ~taximum number of parkin s aces in a E spaces permitted; 9~ q~~aqe. - 5 spaces proposed (bj SECTIOP! 18.7.5,r1G3,02~ _ Minimur sidc ~ard setback. ~. feet required; 5 eet proposed) (~) SECTION 18.25,063.03!1 - Piinimum rear yard sethack (2~ feet required; 5 feet proposed) 2• That the above-mentioned ~aaivers are hereby granted on the basts that the petitioner demonstrated that a hardsl~ip exists in that strict applicat+on of the 2oning Code deprives the property of priviieges enjoyed by other properties under identical zoning classlfication in the vicinity. 3. That the proposed variance is hereby granted subject to the petitioner's stipulation at the public hearing tliat there shall be no outside access to the second story livin9 area above the garage and that all access shali be through said garage. 3• That tliere are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply 9enerally to the property or class of use in the same vicinity end zone. 's P C82- 2G ~ _.. -_.-. .-., ~ ~~• That the requested variance is necessary for the preservation and enjayment of a substantial property ric~ht ~ossessed I~y other property in the same vicinity and zone, and denied to the property in question. 5. That the renuested variance v~ill not he miterially detrimental to the public welfare or injurious to the property or imrrovements in such vicinity and zone in which the property is located. 6. That no one indicated their presence at said public hearing in opposition; and that no correspandence was received in opposition to the subject petition. E~JVIRON~1[P!Tl~L 114PACT FIt~DI~IG: That the Anaheim City Planning Commission has reviewed the proposal to construct an addition to a single-family residence with vraivers of maximum nunber of parl:inn snaces in a 9arage, minimum side yard sethack and minimum rear yard setback on a rectangularly-sha~ed parcel of land consisting of approximately 0.25 acre, having a frontage of approximately 64 feet on the east side of I~arbor Cioulevard, and heing located approximately 7.75 feet north of the centerline of tlilhelmina Street (716 North Ilarbor Goulevard); and does hereby approve the ~~egative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approvai of this ~legative Declaration since the Anaheim General Plan designates the su'~ject property for loar-density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the praposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the F~egative Declaration substantiating tfie fore9oing findings is on fite in the City of Anaheim Planning Department. tJOW, TliEREFORE, ~E IT RESOLVED that the Anaheim City Planning Commisston does fiereby 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 P,naheim: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land tE5 feet in width from the centerline of the street along Harbor Boulevard for street a~idening purposes. 2. That sidewalks shall be installed along Harbor 13oulevard as required by the City Engineer and in accordance o-~ith standard plans and specifications on file in the Office of the City f~gineer. 3• That trash storage areas shall be provided in accordance with approved plans on file a~ith the Office of the Executive Director of Public IJorl:s. That the existing driveway on Flarbor Fioulevard shall be removed and replaced with standard cur6, guttcr and side~•~al{:. 5. That subject property shall be developed substantially in accordance o-~ith plans and s~ecifications on file ~~ith the City of ,'lnahein marked Exhibit tJos, t throu9h 5; provided, ;~o~~~ever that there shall 6e no outside access to -2- PC8?.-?.G .~ . ~ the second story living area and that all access shall be through said garage. f. Tfiat Condition tlo. 1, above-mentioned, shall be complied ioith prior to the commencement of the activity autliorized under this resolution, or prior to the time that the building permit is issued, or o-~ithin a period of one year from date hereof, i•~hichever occurs first, or such further tlme as the Planning Commission may grant. 7. That Condition ~~os. 7_, 3, ~!, and y, above-mentioned, shall be complied with prior to final building and zoning inspection,. [iC !T FURTHER RESOLVED that the Maheim f,ity P)anning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon app)icant's compliance U~Pth each and all of the conditions hereinabove set forth. Should any such condition, or any pa-t thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Reso)ution, and any approvals herein contained, shall be deer^ed null and void. T~~E FOREf.,01PJG RESOLUTIOtJ is siqned and ap~roved by me this 22nd day of February, 1987, ~ ,.,.dJ~.JI R . "~.._.L .,.,~ ATl'EST: CIfl11P11AP1, A~JF,HEI~t CITY PLA~lflING COMMISSION ~ ~ ~ SECRETARY, ANl1HEIM CITY PLAtJtlIIJG COp1MISSI0P1 STATE OF CALIFORHIl1 ) COUNTY OF ORAPlGE } ss. Cil'Y OF A`JAHEIf1 ) ~. Edith L. Ilarris, Secretary of the lln~helr~ City Planning Commission, do hereby certify tiiat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 22, 1~3f?2, by the following vote of the members thereof: AYES : COMF11 SS IOqERS : [3ARFlES, EOUAS, pUSIIORE, FRY, HERE35T, I:IPlG, HC [3URMEY NOES : COPt~tl SS I Of1ERS: tJO~lE ABSENT: COl1MISS10F1ERS: tJ01lE Itl idlT~lESS blfIEREOF, I have hereunto set my hand this 22nd day of February, t982. ~tGRETARY, AtlAFiEIM f,I~PLA.IrIIp~f:~C01+~+iC n S 10.! -3- PCt32-26