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PC 85-193s ~ RESOLUTiON tJO. PC85-193 RESOLUTIOtJ OF THE ANAHF.IM CLTY PLANNING COM6IISS'LON THAT PETLTZOPJ POR VnRiANCE N0. 3498 BE GRANTED WHEREAS, the Anaheim City Planning Commission did ceceive a verified Petition foc Variance feom GABIhO R. GONZALEZ, 915 West B[oadway, Anaheim, California 92805, owner of cettain real propecty situated in the City of Anaheim, County of Orange, State of California described as: EASTERLY RECTANGULAR 50 FEET OF LOT I1~ BLUCK 1 OF THE WEST BROADWAY TRACT AS PER MAP iHEREOF RECORDED iN BOOK 4~ PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALZFURNIe,. WHEREAS, the City Planning Commission did hotd a public heacing at the Civic Cer.tec in the City of Anaheim on July 22~ 1985, at 1:30 p.m., notice of said public hea~in9 having been duly given as required by law and in accordance with the provisions of the Anaheim htunicipal s~e e'varia ce nd Oto to heac and consider evidence for and against said prop investigate and make findings and recommendations in con Comm ssionemeeting said public heacing having been continued to the Planning oF Augnst 19, 1585; and YlHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf P and 3fd esd find nande d termine the evidence and ~eports otte~ed at said h_a[in9r following facts: 1. That the petitione~ proposes a waivec of the follotaing to construct a~oom addition to an existiny duplex: SECTI~N 1£t.32.U63.022 - Ptinimum side yatd setback. (B feet adjacent to east property line requi~ed; 5 feet proposed) 2. ~i~.;~ thc abov^-mAnrioned waiver is hereby granted on the basis that thece are special ci~cumstances applicable to the property such as size, shape, topography, location and succoundings which do not apply to other identically zoned grope~ty in the same vicinity; and that stcict application of the Zoning Code dep~ives the praperty of pcivilege~ enjoyed by other propetties in the identica.t zone and classification in the vicinity. 3. That the requested variance is heteby granted subject to the petitioner's stipulation at the public hea[ing to relecate the pcoposed catpott five (5) feet south of the pcoposed location on the submitted plans to provide a lacger turning cadius and that the existing gate shall be removed after the room addition has Ueen completed. 4. That there are exceptional ot extraordinary circumstances or conditions applicable to the pcoperty involved o~ to the intended use of the property that do not apply gene[ally to the pcoperty o[ class of use in the same vicinity and zone. PC85-193 ll596c ~ ,e 5. ThaL the requested variance is necessary Eor the presetvation and enjoymer,t of a sub~tantial propecty right possessed by other property in the same vicinity and zone, and denied to the properLy in question. 6. That the requested variance will not be materially detrimencal to the public welfare or injucious to the property or improvements in such vicinity and zone in which the pcoperty is located. 7. That one perso~ indicated his presence at said public hearing in ooposition; and that no correspondence was received in opposition to subject petitiun. ENVIRUNMGNTAL IMPACT FINDING: That the Anaheim City Planning Commission has ceviewed the proposal to construct a room addition to an existing duplex with waiver of minimum side yard setback on a rectangularly-shaped parcel of land consisting of approximately 6,675 square feet, haviny a frontage of ~pproximately SU feet on the north side of Broadway, and further described as 915 West Broadway; and do~es herehy approve the Negative Declacation upon fir.ding that it has considered the Negative D?claration together with any comments received during the public review pcocess and further finding on the basi~ of the initial study ~^d ~ny comment~ received that there is no substantial evidence that the pcoject will have a significant effect on tt~e environment. N041, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Vari~.nce, upon the following conaiticns which a~e he~eby found tc be a necessary precequisite to the proposed nse oE the subiect property in order to preserve the safety and yeneral welfare of the Citi2ens of the City of Anaheim: 1. That the ownec of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 63.25 feet in width from the centerline of the stre~et along Droadway f~r stteet widening purposes. 2. That plans shall be submit'.:ed to the Building Division showing cor..p:iar.~c ::itt: thc r..~r.i:c;~r,. .,_~r.dard~ cf ~hc CitY cf ?,rahein, includin9 rhe Uniform Building, Plumbing, Electrical, 9ousing, Mechanical and Fire Codes as adopted by the City of Anaheim. The approp;iate permits shall be obtained foc any necessary work. 3. That subject property shall be developed substantialiy in accordance with plans and specifications on file with the City of A~aheim mar~ced Eshibit Nos. 1 and 2; provided, howevec, that the proposed thr?e (3) additional packing spaces shall be relocated five (5) feet south oE the proposed location on the submitted plans to provide for a minimum 25-foot back-up area; and that the existing fence adjacent to the northerly property line shall be removed after the room addition has been completed. q, Tha[ prior to issuance of a building germit, or within a perLod of one year fcom the date oE thi~ resolution, whichever occurs first, Condition N~s. 1 and 2, above-mentioned, shall be complied with. Extensions for fucther tin.e to complete said conditions may be gcanted in accordance wit.h Section 18.03.090 of the Anaheim Flunicipal Code. -2- PC85-193 5. That prior to final building and zoning inspections, Condition No. 3, above-mentioned, s},all be complied with. BE IT FURTHGk RESOLVED that the A:~aheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly pcedicated upon applicant's compliance wiL•h each and all of the conditions hereinabove set Eorth. Should any such condition, or any part thereof, be declaretl invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals (~erein contained, shall be deEmed null and void. THE FOREGU'[Nr. RESOLUTiON is signed and approved by me this 19th day of August, i385. •^ i ;/ - C/'~J~f! ~ %') /% ~'~tz. ,c c ~ E CHALRWOMAN, e1NAHEIFI ~iTY PLANNING COMMiSSION ATTEST. ~~ ~ ~/~~~ SECRF.TARY, ANAHL•'IM CITY P:,AP7NiNG COMMiSSIUH STA'PE OF CALIFORNI.~ ) COUNTY OF ORANGE ) S~, CITY OF ANAHEIM 1 T, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a reeting oL tt~e Anaheim City Planning Commission held on August 19, 1985, by the following vote of the members tliereof: AYES: COMMISSIONERS: BOUAS, FRY, HERBST~ LA CLAZRE, LAWICKi, MC BURNEY, ~~oc~r NUES: COMFIISSIOIv~.RS: NUNEy AbSE:NT: COMMISSIUNERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this .19th day cf August, 1985. E~ c~l.-t~ ~C . , /~/CCiLii~ _ .~CCRETARY, ANAHE:M .:iTY PLANNING COMMiSSIOtr -3 PCSS-193