PC 82-27~~
R[SOLUTIOPI ~10. PC82-27
A P,ESOLUTIOP! OF TH[ ANhIlEl11 CITY PLAF1NItlG COM111SS1~~1
THAT PETITIOIJ FOR VARIAtIC[ ~10. 3261 BE ~:,RA~ITED
llNCREl1S, the Anaheim City Planning Commission did receive a verified
Petition for Variance from FL~REiICE 11ULDF.R, ET. /1L., 74; Piorth Philadelphia
Street, Anaheim, California !17.305, oo-m ers, of certain real property situated in
the City of Anaheim, County of Orange, State of California described as:
LOT 26 IN GLOCI: (3 OF TR/1CT t10. 15~3, /1S SNOI•!M ~tl /1 MAP THEREOF
RECORDED I~J BOOt: 12 PAGE 8 OF ~11SCELLAPIEOUS t1/1PS, R[CORDS OF SAID
COUMTY.
4rF~ER[AS, the City Planning Conmission did hold a public hearing at the City
Flall in the City of Anaheim on February 22, 1~32, at 1:3~ p.m., notice of said public
heartng having been duly given as rec~uired by laiu and in accordance with the
rrovisions of the Analieim tlunicipal Code, Ch~pter 18,~3, to hear and consider
evidence for and against said proposed variance and to investigate and mal;e findings
and recommendations in connection there~•iith; and
ldIIEREAS, said Commission, after clue 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 followin~ facts:
1• That the petitioner proposes waivers of the folloo~ing to construct a
detached sing~e-family dwelling:
(a) SECTIODIS 18.32.~20.~10 - Itinimum Ciuildin Site Area
AND 1.27.~ 1.~10 5000 square eet per unit required;
4(127 square feet proppsed)
(b) SCCTION 18.27.062.020 - t•taximum Lot Coveraqe
3~,; permi tted; 3%S proposed)
Z• That the above-mentioned waivers are herehy granted on the basis that
the petitioner derronstrated that a hardship exists in that denial o-~ould deprive
subject property of privileges enjoyed by other properties in the same zone and
vicinity; and on the basis that the requests are minimal,
3• That there are exceptional or e;ctraordinary 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.
~F• That the requested variance is necessary for the preservat6on and
enjoyment of a substantial property right possessed by other property in the same
victnity and zone, and denied to the property in question,
5. That the ~equested variance wil) not be materially detrimental to the
public welfare or injurious to the ~roperty or improvements in such vicinity and zone
in ~•ihich the property is located.
E~. That no one indicated their presence at s~id nublic hearing in
opposition; anJ that no correspondence ~aas received in opposition to the subjeet
petition.
ENVIROtdf1ENTAL It1PACT FIFIDIPlG: That the Anaheim City Planning Commission has
reviev~ed the proposal to construct a detached single-family d~oelling 4iith waivers of
minimum building site area and maximum lot coverage on a rectangularly-shaped parcel
of land consisting of approximately i;r1;~ square feet and having a frontage of
approximately 52 feet on the ~~~est sidc of Philadelphia Strect (743 tlorth Philadelrhia
Street); and does hereby approve the Negative Declaration from the requirement to
prepare an environmental impact report on the basis that there 4~ould be no
significant individual or cumulative adverse environmental impact due to the approval
of this tJegative Declaration since the Anahetm Renerai Plan designates the subject
property for medium density residential land uses commensurate 4rith the proposal;
that no sensitive environmentai impacts are involved in the proposal; that the
initial Study submitted by the petitioner indicates no si9nificant individual or
c.umulative adverse environmental impacts; and that the ~legatfve Declaration
substantiating the foregoing findings is on file in the City of Anaheim Planning
Department.
W01/, TIIEREFORE, CE IT RCSOLVED that thc llnaneim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions a~hich
are hereby found to be a necessary pre~equisite to the proposed use of the subject
property in order to preserve tfie safety anci general welfare of the Citizens of the
City of Anaheim:
That the owner(s) of subject prooerty shall pay to the City of Anaheim a
fce, in an amount as determined by the City Council, for tree planting
purposes along Philadciphia Street.
That subject property shall be developed suhstantially in accordance with
plans and specifications on fi)e r~ith the City of Anaheim marked Fxhibit
t1os. 1 and 2.
3, That Condition Plo. t, above-mentioned, shall be compiied with prior to the
comme.ncement of the activity authorized under this resolution, or prior to
the time that the building permit is issued, ~r ~aithin a period of one year
fron date hereof, arhichever occurs first, or such further time as the
Planning Commission may grant.
~f. That Condition tJo. 2, above-mentioned, sha11 be complied with prior to final
builcling and zoning inspections.
BE IT FURTIIEF RESOLVED that the .4nahein City Ptanning Commission does hereby
find and deterrnine that adoption of this Resolution is expressiy predicated upon
applicant's compliance with each and all of ttie cond~tions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the f~nal Judgment of any court of competent iurisdiction, then this Resolution,
and any apprnvals herein contained, shall be deened null and vaid.
TtIE f'OREGOIiIG R[SOLUTION is si~ned aud approved by me this 27_nd day of
February, 1~182,
`LJ~....ad ~. . w. ~
CIIH,RHAN, /1t1AHEIP! CITY PLANPII~IG COMMISSIOW
ATTEST:
' ~"~4,. .~ • il w ..s
SECRETARY, /itlAllEll; CITY PL/1~lhlI~JG COt•11115510^l
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''`'.~i I, Edith L. ilarris, Secretary of the An~heim City Planning Commission, do
'.~,;;~ hereby certif that the forc oin resolution ~~as
A~`~~ Y 9 9 passed and adopted at a meeti ng of
~,' the llnaheim City Planning Commission held on February 22, 19`~2, by the folloHring vote
`"' of the members thereof:
,:. j
`^ii~ AYES: C011P11SSIOFlERS: (sAP,tIES, 30U~S, QUStiORE, FP.Y, NERDST, KING, HC E3UR!!EY
NOES : COf111i SS I ONERS : tJON[
~ AE35EtJT: C0111iISSIQIdERS: ~lO~IE
IN IIITNESS 4/HEREOF, I have hereunto set my hand this 22nd day of February,
~ysz.
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w~;`~ SECP,ETARY, ANAHEIH C TY PLAlRlING COMMISSION
'.,
-3- PCG2-27