PC 83-182RESOLUTION NO. PC83-182
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3354 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from AURELIA SIKORA AND KARL H. SIKORA, 2016 East
Lincoln Avenue, Anaheim, California 92806, ownezs, and JIM THAYER, 23276 South
Pointe Drive, Laguna Hil].s, California 92653, agent of certain real property
situated in the City of Anaheim, County of Orange, State of California
described as:
LOT 7 OF BLOCK 'A" OF "ANAHEIM VILLA TRACT" AS PER MAP
THEREOF RECORDEB IN BOQK 14 AT PAGE 44 OF MISCELLANEOUS
RECORDS OF LOS ANGELES COUNTY~ CALIFORNIA.
EXCEPTING TEIEREFROM iHE WESTERLY 7-1/2 FEET.
WfiEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 3, 1983, at 1:30 p.m.,
notice of said public hearing having been duly given as required by lata 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; and
WEiEREAS, said Commission, after due inspection, investigation and
study made by itself and in it•s 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 waiver of the following to
construct a 3-story, 4-unit apactment building:
SECTION 18.3A.062.011 - Maximum structural heiaht.
(2-stories permitted; 3-stories proposed)
2. That the above-mentioned waivers are hereby granted cn the
basis that the petitioner demonstrated that a hardship exists in that there
are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically
zoned properti.es in the vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by okher properties in
identical zoning classification in the vicinity.
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 Qrogeety right possessed by other property in
the same vicinity and zone, and denied to the property in questicn.
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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 no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planni.ng
Commission has reviewed the proposal to reclassify subject property from the
PD-C (Parking District-Commeccial) Zone to the RM-1200 (Residential,
Multiple-Family) Zone with waiver maximum structura' height to permit
construction of a 3-story, 4-unit apactment building on a rectangularly-shaped
parcel of land consisting of approximately 5,797 squace feet having a frontagE
of approximately 38 feet on thr• west side of Ohio Street, and furEher
described as 115 South Ohio Street; and does here~y a~prove the Negative
Declaration upon £inding that it has considered the Negative Declaration
together wit~ any comments received ducing the public review process and
further finding on the basis of the initial study and any cortunents received
that there is no substantial evidence that the project w~~l have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does herety arant 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 safet~ ana
general welfare of the Citizens of the City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. 83-84-1G, no~a pending.
2. That prior to issuance of a building pecmit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as determined by the City Council.
3. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
4. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That the proposed trash storage area be relocated northerly and
provided in accotdance with approved plans on file with the Street
Maintenance and Sanitation Division.
6. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 3.
7. That prior to final building and zoning inspections, Condition Nos.
3, 4 and 6, above-mentioned, shall be complied with.
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BE IT FUR~dER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolutlon is exnressly
predicated upon applicant's rompliance wich 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 ar.y 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 3rd day
of October, 1983.
ATTEST:
l!> J~k. ~ %4~
SECRETARY~ ANAEiEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, adith L. Earris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anahaim City Planning Commission held on October
3, 1983, by the following vote of the members there of:
AYES: COMMISSIQNERS: BOUAS~ BUSHORE, FRY~ HERBST~ RING,
NOES: COMMISSIOtiERS: NONE
ABSENT: COMMISSIONERS: LA CLAIRE, MC BURNEY
ZN WITNESS WHEREOF, I have hereunto set my han~ this 3rd day of October,
1983.
!~ ~~ ~ i'W$itn.,~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
.~<%~~ //
CHAIRMAN~ A EIM CITY PLANNING COMMISSION
G'
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PC83-182