PC 83-92RESOLUTION N0. PC83-92
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3331 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Peti~ion for Variance from J. R. AND PHYLLIS D. ES7'RELLA, 1222 West Apollo
Avenue, Anaheim, California 92802, owners of certain real property situated in
the City of Anaheim, County of Orange, State of California described as:
LUT 5 OF TRACT NO. 2152 AS PER MAP RECORDED IN BOOK 74,
PAGES 46~ 47 AND 48 INCLUSIVE OF MISCELLANEOUS MAP~, IN THE
OFFICE OF T~E RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on May 2, 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 against said proposed variance and to
investigate and make findings and recommendations in connection thecewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of aIl
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the petitioner proposes waivers of the following to retain
a garage conversion:
SECTION 18.26.066.010 - Required tv e of arkinq spaces
AND 18.06.050.011 (2 spaces enclosed in a qara e required;
2 covered spaces proposed)
2. That the propcsed variance is hereby granted for a period of
five (5) years, to expire on May 1, 1988, concurrently with the time limit
conkained in a covenant that shall be executed and recorded by the owner
within a period of 90 days from the date of this resolution; said covenant
shall be satisfactory to that City Attorney, said covenant sk,all cequire that
the garage conversion shall be reconverted to an operable 2-car garage on or
before May 1, 1988, and that this variance permitting such conversion will
expire on that date.
3. That the above-mentioned waiver is hereby granted on the basis
that the petitioner demonstrated that a hardship exi~ts in that the converted
garage shall be limited lo a residence for the petitioner's elderly mother dho
does not drive and on the basis that a 2-space carpo~t shall be constructed
taking access from an existing 18-foot wide alley to the rear of the dwelling.
4. That there are exceptional or extraordinary circumstances or
conditions applicable `_o the property involved or to the intended use uf the
property that do not apply generally to the property or class of use in the
same vicinity ar.d zone.
#0609I PCdi-92
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5. That the cequested variance is necessary for 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 question.
6. That the requested variance will not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zcne in which the property is located.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received supporting subject
petition.
ENVIRONMENTAL IMPACT FINllING: That the Anaheim City Planning
Commission has reviewed the proposal to retain a garage conversion with waiver
of required type of parking spaces on a rectangularly-shape~ parcel of land
consisting of approximately 6,006 square fe~t, having a frontage of
approximately 66 feet on the south side of Apollo Street, approximately 290
feet west of the centerline of 47alnut Street and further described as 1222
West Apollo Avenue; and does hereby approve the Negative 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 approval of this Negative Declaration since the Anaheim General
Plan designates the subject property for low-density residential land uses
commensurate with the proposa?; that that Initial Study submitted by the
petitioner indicates no significant individual or cumulative adverse
environmenl•al impacts; and that the Negative Declaration substantiating the
L-oregoing findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby yrant subject Petition for Variance, upon the following
conditions which are heceby 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 property shall be developed substantially in accordance
with plans and specifications on file with the City of P.naheim marked
Exhibit No~. 1 and 2.
2. That prior to final building and zoning inspections, Condition No. 1,
above-mentioned, shall be complied with.
3. That the owner of subject property shall execute and record a
coveyant, satisfactory to the City Attorney, within a period of
ninety (90) days from the date of r.his resolution, requiring ttiat the
garage conversion shall be convr+rted to an operable garage on or
before May 1, 1988, and that this variance permitting such conversion
will expire on that date.
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 jurisdiction, then this Reselut•ion, and any approvals herein
contaif~ed, shall be deemed null and void.
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THE FOREGOING RESOLUTION i~ s:gned and approved by me this 2nd day of
May, 1983.
_HAI MAN~ ANAHEIM CITY P ING C0:4MISSION
ATTEST;
`~~. ,~` ~~~..
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
S:ATE OF CALIC•ORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoin9 resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on May 2,
1983, by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERSST, KING
t~0E5: COMMISSIONERS: NONE
AASBNT; COMMISSIONERS: L,A CLAIRE, MC BURNF.Y
1983.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May,
~~ ~.° ~~
SECRETARY, ANAHEIM CITY PLANNZNG COMMISSION
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