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PC 85-169R~;SOLUTICN t•i0. PCgS_169 A I2ESOLU7'ION OF THE ANAHEIht CTTY PLAtJNING COMMISSIOt7 THAT PET7TION FOR VARIANCE NO. 3496 BS GRANTED WNEREAS, the Anaheim c:ity Planning Commission did receive a verified Yetition for Variance fr.om EARL NELLESEN, 1533 West Lincoln Avenue, Anaheim, California 92801, owner of certain real property situated in the Ci ~ of Antiheim, County of Orange, State of California described as: PARCEL A: THA: PORTIUN OF LOT 9 OF 'nNAHEIM EXTENSZON"~ IN TNE CITY OF ANAhEIM, AS SH041N ON A MAP OF SUR~~EY Dy WZLLIAp1 HAMEL AND FI:,EU IN THE UFFICE OF' THE RECORllER OF LOS ANGELES COUN1'y, CALIFOHt7TA, DESCkIBED AS FOLLOWS: COMi•IENCING AT TH6 uOUTHEAST CORNER O~ LOT 9 OF ANAHEIM EXTENSIUN AS SHOWN ON A b1AP OF 'TRACT' 1770' ~ AS SHOWN ON A MAP RE:CORDED IN BUOF; 59, PAGES 7 TO 10 INCLUSIVE~ OF MISCELLANnJUg D1APS, RECORDS OF ORANCE COUNTY, CALIFORNIA; THENCE SOUTH 74' 31' 15" WEST 211.79 FEET TO THE uOUTHWEST CORNER OF THE EAST 4 ACRES OF THE SOUTH HALF OF THE EAST HALF OF SAID LOT 9, SAID POINT BEING THE TRUE POZNi OF BEGINNI[4G; THENCE NORTH 15° 16' 44' WEST 260.00 FEET ALONG THE WEST LINE OF Tf1E EAST 4 ACRES OF TNE SOUTki HAI.F np THE EAST 6ALF OY SAID LGT 9, AS uHOWN ON A MAP OF SAID TRACT I770 TO THE SUUTHEAST CORNER QF LJT "A" OF SAID TRACT NO. 1770; THENCE SOUTh 74° jl' 15' WEST 134.42 FEET ALONG THE SOUTHERLY LZNE UF SAID L07' 'A' TO THE EASTERLY LINE OF LOT 144 UF' SAID TRACT N0. 1770, THEYCE SUUTH 15° 28' 13" 6ASS 260.00 FEET ALONG :,AID EASTERLY LINE AND ALONG Tli~ WEST LZNE OF THE EAST 137.00 FEET OF THE 41~ST 6 ACRES OF THE SQUTH HALF OF THE EAST HALF OF SAID LOT 9 AS SHOWN ON SAID MAP OF TRACT N0. 1770~ TO THE SUUTGERLY LINE UF SAIL LOT 9; THENCE NORTH 74° 31' 15' EAST 133.55 FEET TO THE TRUE: PpINT OF BECINNING. PARCEL B: LOT "A' OF TRACT N0. 1770, IN THE CITY OF ANAHEIl1~ AS SHOWN ON A MAP kECORDED IN BOOK 59, PAGE(S) 7 TO IO INCLUSiVE, OF MISCEILANEOUS bIAPS, IN THE OFFICE OC THE COUNTY RECORDER OF SAID CGUNTY. WHEREAS, the City Planning Commissio~ did hold a public hearing at the Civir. Center in the City of AnahEim on ,7uly 8, 1985, at 1:30 p.m., notice of said ~ublic 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 ttierewith; and WHEREAS, said Commission, after due inspection, investigation 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: 0572r PC85-169 1. That the petitioner proposes waivers of the follo~~ing to establish a three (3) 1ot RS-7200 single-family subdivision: (a) SECTION 18.26.061.010 - F]inimum lot area. (7200 square feet per lot required; 6710 sq. ft. for Lot Nos. 2 and 3 proposed) (b) SECTION 1A.26.061.020 - Minimum lot width and fronta e. (70 feet required; 67 feet for Lot No~. 2& 3 proposed) 2. That the above-mentioned waivecs are heceby granted on the basis tha~ the request is minimal, amounting to a~eviance of less than 78 Erom the required lot acea and less than 58 from the required lot width and frontage. 3. Tt~at there are exceptional or extraordinary circumstances or conditions applicable to the pcoperty involved or to the intended use of the property that do not apply generall;• to the property ~r cla~s of use in the same vicinity and zone. 4. T:iat ti~e requested variar~ce is necessazy for the preservation and enjoyment of a substantia.l property right possessed by other property in the same vicinity and zone, and denied to the prope*ty in question. 5. That the reguested variance will not be materiatly detrimental to the public weifare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That one nerson indicated her presence at said public heacing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONPIENTAL IMPACT FZNDII4G: That the Anaheim Ci.ty Planning Commission has revie~~ed ~he proposal to reclassify subject proper.ty from the RS-A-43,000 (Recidential, Single-Family) Zone to the RS-7200 (Residential, SinyTe-iumily) cune co estab:lish a three (3) lot RS-7200 single-family subdivision with waivers of minimum 1ot area and minimum lot width and frontage on a rectangularly-shaped parcel of land consisting of approximately 0.72 acre, having approximate frontages of 134 feet on the south side oE Willow Street and 134 feet on the north side of Sant~ Ana Street, and being located approximately 350 feet east of the centerline of Bond Street; and does hereby apptove the Negative Declaration upon finding that it has considered the Ne9ative Declaration together with any comments received during the public review process and furCt~er finding on the ;:~asis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditic+ns which are hereby found to be a necessary prerequisite to the pcoposea use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -Z- PC85-169 1. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 2, That prior to issuance of a~uilding permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined b~~ the City Council for each new dwelling unit. 3. That subject property shall be served by underground utiliCies. 4. That a parcel map to re~:ord the approved subdivision of subject property shalA be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineec. 6. That prioz to commencement of structural fcaming, Eire hydrants shall be instal.ted and charged as required and determined to be necessary by the Chief of the Fire Department. 7, That all driveways shall be constructed to accomr.iodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 8. That all air conditioning facilities shall be properly shielded from view and the sound buffered from adjacent residential properties. 9. That this variance is granted subject to the adoption of the Zoning Ordinance in connection wil-h Reclassificatian tdo. 84-85-41, now pendiny. 10. That subject property shall be devetoped substantially in accordance with plans and specifications on file with the City of Anaheim marlced Exhibit Nos. 1 through 3, 11. That prior to issuance of a building permit, or within a period of one year from l-he date of this resolution, whichever occurs first, Condition i~os. 1, 2, 4, anu 9, aLove-menLiuneu, si~al: ue complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That prior to Final building and zoning inspections, Condition Nos. 3, 5, 7, 8 and 10, above-mentioned, shall be complied wikh, gE IT FORTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is express.ly pcedicated 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 jurisdiccion, then this Resolution, and any approvals herein con*.ained, shall be deemed null and void. -3- PC85-169 ~'•. F+~, THE FOREGOING RESOLUTION is signed and approv,ed..-by-•me this 8th day of July~ 1985. / ~ , L .~c. . /~- v _G~HA RMAN~ ANAHEIM CITY PLAI~NING COMt4ISSZON ATTEST: _.~e's~'-^- • ~' SI:CRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) z, Edirh 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 July S, 1985, by the following vote of the mambers thereof: nYES: COPIMISSIONERS: BOUAS, BUS[iORE~ FRY, HERBS'P~ KING~ LA CLAIRE, F1C BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONL•' IN WITNESS WHEREO[', I have hereunto set my hand this Bth day of July, 1985. Q ~, ar.crc.~La.~ " " i"~"~-~- "`-=-~- SECRETA Y~ ANAHEIM CITY PT,A::N1NG COMMISSION -g- PC85-169