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PC 83-94RESOI~UTION NO. PC83-94 A RESOLUTZON OF THE ANAHEIM CITY PLANNING COMMISSION TNAT YETITION FOR VARIANCE NO. 3334 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from MARVIN C. MOORE, 1811 Crestwood Lane, Apt. 1, Anahei~, California 92804, owner of certain real property situated in the City of Anaheim, Co~nty o£ Orange, State of California described as: LOT 4~~ TRACT 2222~ IN THE CZTY OF ANAHEIM~ AS PER MAP RECORDED IN BOOK 113, PAGES 23 TO 25 INCLUSIVE, MISCELLANEOUS MAPS~ IN THE OFFICE OF TfIE ~OUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Cummission did hold a public hearing at the Civic Center in the City of Anahe:m on May 16, 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 findin9s and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in ils behalf, and aEter due consideration of all evidence and reports offered at said hearing, does find and d~termine the following facts: 1. That the ;,etitioner proposes waivers of the following to construct a 2-ur~it addition to an existing 8-unit apartment building: (a) SECTION 18.34.062.012 - Maximum structural height (one story within 150 feet of single- family residential zone boundary permitted; two stories proposed) (b) SECTION 18.34.062.020 - Maximum site coverage (558 permitted; 56.28 proposed) (c) SECTION 18.34.063.021 - ~finimun distance between buildin s (19 feet required; 9 feet proposed) (d) SECTION 18.34.066.010 - Minimum number and type of parking spaces. (25 spaces - 20 covered required; 21 spaces - 19 covered proposed) 2. That the above-mentioned waivers (a), (b) and (c) are hereby granted on the basis that the petitioner demonstrated t•hat a hardship exists due to the unusual shape of subject property; and t„at waiver (b) is a minimal request (less than 2B greater than alloked by Code). @0632I PC83-94 ~:~.. . 3. That the above-mentioned waiver (d) is hereby granted on the basis that construction of this addition will improve the existing parking situation and also on the basis that the waiver will not cause an increase in traffic congestion in the immediate vicinity nor ad'.ersely affect any adjoining land uses; and will not be detrimental to the peace, health, safety or general welfare of the citizen of the City of Anaheim; and further that the petitioner stipulated at the public hearing that all tandem parking spaces will be assigned to a particular unit. 4. That there are exceptional or extraordinacy 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. 5. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, anG 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 cr improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at said public hearing in opposition; and that no correspendence was received in opposition to subject petition. ENVIRONMENTAL IMPACT EINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 2-unit addition to an existing 8-unit apartment building with waivers of maximum structural height, maximum site covera9e, minimum distance between buildings and minimum number and type of parkir~g spdcec cn an irreg~~~:7.1-~h~P°`~ P~~~P~ ~f land e.onsistin4 of approximately 12,100 square feet, having a frontage of approximately 47 feet on the north side of Ccestwood Lane, and further described as 1811 Crestwood Lane; and does hereby approve the Negative Declaration from the requirement to preQare an environmental impa~t report cn the basis that thera 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 medium-density residential land uses commensurate with the p~~posal; that that Initial Study submitted by the petitioner indicates no significant individuaZ or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Plannir~g Department. NOW, THEREFORE, cE IT RESOLVED that the Anaheim City Planning Commission does hereby grant 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 welface of the Citizens of the City oF Anaheim: 1. That subject property shall be served by underground u:ilities. Z. That petitioner shall obtain a waive~ of Council Po.lic~~ No. 542 pertaini:~g to 3ound attenuation in residenti3l projects prior to issuance of huilding permits. -2- PC83-94 ,-_. 3. That trash storage ar.eas shall be provided in accordance with approved plans on file with the Street Maintenan~e a,~d Sanitation Division. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provide~, however, that all tandem parking spaces shall be assigned to specific dwelling units. 5. That prior to final building an~] zoning inspections, Condition Nos. 1, 3 and 9, above-mentioned, shall be complied with. 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 Resolution, and any appruvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 16th day of May, 1983. ~ .//u-~ / C17~~ CHAZRFIAN RO TEMPORE ANaHE2 ITY PLI~NNING COMMISSION ATTEST: ~~~ ,r.° ' SECftETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANG~ ) 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 May 16, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, HERBST, KING NOES: COMMISSIONERS: MC BURNEY ABSENT: COMMISSIONERS: BUSH012E, FRY, LA CLAIRE IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of May, 1983. ~~¢,cz~: ~1° ~,.~~ SECRETARY, ANAHEIM C:iY PLANNING COMMISSION -3- PC83-94