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Resolution-PC 99-104RESOLUTION NO. PC99-104 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 4349 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Ccmmission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 213, PAGES 21 AND 22 UF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. VJHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 7, 1999, 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 lherewith; and that the hearing was cantinued from the May 10, 1999 Planning Commission meeting; and WHEREAS, said Commission, aker 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: 1. That the Netitioner proposes waivers of the following to construct an 811 square foot garage addition for an existing single-family residencs: (a) Sections 17.08.390 - Minimum ~rivate street width. 17.08.650 (deleted) and 18.23.061.022.0221 (b) Sections 18.23.063.010 - Minimum front yard setback. 18.23.063.010.011 (20 to 25 feet from a private street required in the and 18.23.063.010.013 RS-HS-22,000(SC) zone; 10 to 20 feet proposed from tlia ultimatca right-of-way aiong Martella Lane) 2. That waiver (a), minimum private street width, is hereby denied on the basis that the petitioner submitted a revised site plan reducing the size of the proposed garage from 811 square feet to 485 square thereby eliminating the need for the waiver. 3. That waiver (b), minimum front yard setback for 7570 Martella Lane, is her~by approved for a 485 square foot addition to lhe garage on the basis that there is a special circumstance applicable to the property consisting of topography which does not apply to another identically zoned properties iii the vicinity; that there are no plans to widen the private street (approximately 25 feet wide currently); that lhe proposed setback from the existing street improvements is 3U to 40 fee;; and that the existing fairly narrow widlh of Martella Lane suits the character oF the Hill and Canyon Area and the proposed setback waiver from the ultimate right-of-way (40 foot width) is not inappropriate. 4. That there are exceptional or extraordinary circumstances or cond~tions 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. i hat the requested varianr.e is necessary for the preservation and en)oyment of a substantial property right possessed by other property in tlie same vicinity and zone, and denied to the property in question. CR3655PK.DOC -1- PC99-104 6. That the requested variance will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zone in which the property is located. 7. That no one indicated their presence at the pubiic hearing in opposition to the propo,al; and that a petition with 20 signatures in favor of the proposal was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his authorized representative has determmed that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental lmpact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, in part, upon the followin~ conditions which are her•eby 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 substantialty in accordance with plans and specificafions submitted to the City of Anaheim by tfie petitioner and which plans are on file with the Planning Department marked Revision No. 1 of Exhibit No. 1, and as conditioned herein. 2. That the property owner shall submit elevation drawings of the garage addition to the 2oning Division uf the Planninc~ Department for review and approval to verify compliance with Revision No. 1 of Exhibit No. 1. 3. That prior to final building and zoning inspections ~r within a period of one (1) year from the d~te of this resolution, whichever occurs first, Conditiun Nos. 1 and 2, abov~mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in ac~ordance with Section 18.03.090 of the Anaheim Municipal Code. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable or~inar~ce, regulation or requirement. BE IT FURTHER RESOLVED lhat the Anaheim City Qianning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanPs 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 approvals herein contained, shall be deemed null and void. THE FUREGOING RESOLUTION was adopted at the Planning Commission meeting of June 7, 1999. _ ' GxQX/.~~ CHAIR ERSON f~RO-T~MPOR ANAHEIM CITY PLANNING COMMISSION ATTEST: ~OLD~ SECRETARY, ANA~4EIM CITY PLANNING COMMISSION CR3655PK.DOC -2- PC99-104 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANNHEIN ) I, Margarita Solorio, Secretary of the Anaheim City Plann~ng Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of Ltie Anaheim City Planning Commission held on June 7, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, NAPOLES, NOES: COMMISSIONERS: KOOS ABSENT: COMMISSIONERS: BRISTOL, ESPING, VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this ,~~ day of __C: 1999. ~~~ aS~a~ SECRETARY, ANaHEIM CITY PLANNING COMMISSION CR3655PK.C~C -3- PC99-104