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PC 83-225RESOLUTION NO. PC83-225 RESOLUTION OF THE ANAHEIM CITY PLANNING CnMMISSION THAT PETITION FOR VARIANCE N0. 3363 BE '.~ENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance fro~ ESTHER H. LEOS, 42~ East Sycamore Street, Anaheim, California 92805, owner of certain real property situated in the City of Anaheim, County of Orange, State of California desceibed as: LOT EIGHT (8), IN BLOCK ONE (1), OF "OLIVE STREET TRACT", IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 5~ AT PAGE 3~ 0'r' MISCELLANEOUS MAPS~ RECURDS OF SAID ORANGE COCINTY. WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Centec in the City of Anaheim on November 28, 1983, at 1:30 p.m., notice of said public hearing havinq 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 therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behal£, and after due consideration uf all evidence and reports offered at said hearing, does find and determine the Eollowing facts: (1) That the Petitioner proposes waivers of the following to retain an i.llegal garage conversion: (a) SECTZON 18.27.061.030 - Minimum site area per dwelling unit. (5,000 squace feet required for single family dwellings; 4~019 sauare feet existing) (b) SECTION 18.27.062.030 - Minimum floor area per dwellin4 unit. AND 18.34.062.032 (700 sauare feet required; 400 sauare feet existing for a garage conversion apartment) (c) SECTION 18.06.050.011 - Minimum number and type of parkina spaces. 18.06.050.0121 (12 spaces required; 2 enclosed in a 18.27.066.010 garage, 6 covered and 4 open; 18.34.066.010 3 s~aces existing and proposed; 2 enclosed in a garage and 1 open) 2. That the above-mentioned waivers (a) and (b) are hereby denied on the basis that there are no special circumstances applicable to the property such as size, shape, topography, location or sutroundings, which do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning Code does not deprive the property of privileges enjoyed by othec properties in identical zoning classification in the vicinity. ~0097c PC83-225 ~ .X{- :.{i: v... . ... . . .. ~ - ... .. . . .. . . ~ .. y~. 3. That the above-mentioned waiver (c) is hereby denied on the basie that no parking demand study was submitted and the City Traffic Engineer has reviewed the request and recommends denial based on insufficient parking because there are existing parking problems in the area. 4. That there are no 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 pcoperty or class of use in the same vicinity and zone. 5. That the requested variance is not necessary for the preservation and enjoyment of a substantial property right possesaed by other property in the same vicinity and zone, and denied to the property in question. 6. That the requested variance will 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. 7. That one person indicated his presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL I~IPACT FINDING: That the Anaheim City Planning Commission has ceviewed the proposal to retain an illegal gara9e conversion with waivers of minimum site area per single-family dwelling unit, minimum floor area per apartment dwelling unit and minimum number and type of parking spaces on a rectangularly-shaped parcel of land consisting of approximat~ly 0.19 acre located at the southwesk corner of Sycamore Street and Sabina Street, and further described as 424 East Sycamore Street; and does hereby disapprove the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be significant individual or cumulative adverse environmental inpacts involved in this proposal; and that an environmental impact report would be required prior to approval of this project. NOW, TBEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Variance on the basis of the aforementioned findings. THE FOREGOING RESOLUTION is signed and approved by me this 28th day of November, 1983. ~,/'y/CGLG/ ~ ~,J''~i.GC~Q~ CHAIRWOMAN,~~ AHEIM CITY PLANNING COMMISSION !i ATTEST; `P~ _ ~., ~ - SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2 PC83-225 ~:;, -~:r,v.:an~c.~.,,.~.... ,,,., .....:.. , ......,.._ ,~ ... . STATE OF CALIFORNIA ) COUNTY OF ORAt7GE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 28, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HERBST, KING, LA CLAIRE NOES: COMKISSIONERS: NONE ABSENT: COMMISSIONERS: MC BURNEY IN WITNESS WHEREOF, i have herPunto set my hand this 28th day of November, 1983. (/l GL~l~~ ~ ~L~r_y~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC83-225