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PC 83-33--, RESOLUTION NO. PC33-33 A RESOLUTZON OF THE ANAHEIM CSTY PLANNING COMMISSION THAT PETITION POR VARIANCE NO. 3322 BE GRANTED WHE,ZEAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from JORGE AND IDANIA CARAVIA, 3636 Longridge Drive, Orange, California 92665, owner, and ADE COLLIE, 111 South Orange Street, Orange, California 9266G, agent o£ certain real property situated in the City of Anaheim, County of Orange, State of California described as: THAT PURTION OF THE LAND 1~LLOTTED TO PSARIA JESUS PERALTA DECOPAS IN DECREE Cc PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RENDERED IN CASE NO. 1192 AND ENTERED SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA IN THE CITY OF ANAHGIM, COUNTY OF ORANGE~ STATE OF CALIFORNIA, SHOWN AS PARCEL 2 ON A MF1P FILED IN BQOK 84, PAGE 13 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning :o~nission did hold a public hearing at the City Hall in the City of Anaheim on February 7, 1983, 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 a?ainst said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, aftpr due inspection, investiyation 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 a waiver of the following to construct a two-story, sinyle-family residence: SECTICN 18.84.042.011 - Maximum structural height (25 feet permitted in the Scenic Corridur; 37 feet proposed) 2• That the above-mentioned waiver is hereby granted on the basis that the petitioner 3emonstrated that a hardship exists in that subject property is unusually shaped and has substantial slopes and denial would deprive subject property oE privileges enjoyed by other properties in the same zone and vicizity. 3• That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that da not apply qeneraliy to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary £or 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 questi.on. #0485I PC83-33 ~.,,:..,.. .. .. , _ ~.. . ~ a*. ,-. ,i;i ~ ~ ;;`~' "3 5. to the publ That the requested variance will not be ic welfare or injurious materially detrimental '-" vicinity and to the property o zone in which the r improvemen ts in such property is located. . 6. opposition; That no one indicated their presence at and that no cor said public hearin in petition. r.espondence was received in opposition g to subject i` ~IRONMENTAL ZMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a two-story, single-family : residence with waiver of maximuri structural height on an irregularly-shaped ,: ~ parcel of land consisting of approximately one acre, having a frontage of ,, approximately 210 _eet on the southwest side o° a private road lccated '~;._, approximately 300 feet south ef the intersection of Crescent Drive and Peralta t,;,,'; Hills Drive, and further described as 773 Peralta Hills Road; and does hereby ;,.,~", approve the Negative Declaration from the requirement to prepare an ,'~, envirorunental impact report on the basis that there would be no significant 3'~'• individual or cumulative adverse environmental impact due to the approval of ; this Negative Declaratioa since the Anaheim General Plan designates the r sub'ect J property for hillside estate residential land uses commensurate with the proposal; that that Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration subst•antiating the foregoinq findings is on file ;n the City of Anaheim Planning Departnent. N041, THEREFORE, gg IT Rfi'SOLVED that the Anaheim City Planning Commission does hereby qrant 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 subject praperty shall be developed substantially in accordance with plans a~d ~pecifications on file with +-he r_~~1• op ~nahCim marked lixhibit [3os. 1 through 5. Z• That Condition No. 1, above-mentioned, shall be complied wit2~ prior to final building and zoniag inspections. BE IT FURTHER 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 hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdic~ion, then this Resolution, and any approvals herein contained, shalt be deemed null and void. THE FOREGOZNG RESOLUTION is signed and approved by me this 7th day or February, 1983. ATTEST: HA ~N~ ~~EIM CITY ING COMMISSIOh ~J T~ ,~ ,~Q/LL...e SECRETARY, pNpHgIM C1TY PLANNING COMMISSTON -z- PC83-33 ~ i [ r~4 ~ o STATE OF CAIIFORNIA ) COUNTY OF ORANGE ) SG• 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 P.naheim City Planning Commission held on February 7, 1983, by the following vote of the members there af: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY~ HERBST, KING~ L.T~ CLAIRE. MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, i have hereunto set my hand this 7th day of February, 1983. ~A.r/ ~ ~~,~a~~ .., _ SEC ARY~ ANRHEIM CITY PLANNING COMMISSION -3- PC83-33 ;~~y;~