Resolution-PC 2004-43~ ~
RESOLUTION NO. PC2004-43
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2004-04602 BE GRANTED, IN PART
(623 NORTH WEST STREET)
W HEREAS, the Anaheim City Planning Commission 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:
THE NORTHERLY 85 FEET OF THE SOUTHERLY 284.52 FEET OF THE EASTERLY
166.47 FEET OF LOT 15 OF ANAHEIM HOMESTEAD TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE 'OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 26,' PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
LOS ANGELES COUNTY.
SAID NORTHERLY 85 FEET OF THE NORTHERLY 284.52 FEET BEING MEASURED
ALONG THE EASTERLY LINE OF SAID LOT 15 AND THE EASTERLY 166.47 FEET
BEING MEASURED ALONG THE NORTHERLY LINE OF SAID LOT 15.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 19, 2004, 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 therewith; and
W HEREAS, 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:
1. That the petitioner proposes waivers of the following to expand an existing single-family
dwelling and to permit and retain a 5.3-foot high combination concrete block and wrought iron fence and gate
in the front yard in the RS-10,000 (Residential, Single-Family) zone:
(a) SECTION NO. 18.04.043.101(a) Maximum fence heiqht (3 feet high permitted within the required
front yard setback; 5_3 feet high existing)(DELETED)
(b) SECTION NO. 18.25.063.010 Minimum front vard setback 41 feet required; 34 feet
proposed).
(c) SECTION NO. 18.25.063.020 Minimum side yard setback (8_5 feet required; 6_5 feet
proposed)
2. That the above-mentioned waiver (a), maximum fence height, is hereby denied on the basis
that there are no special circumstances applicable to the property which do not apply to other properties
under the identical zoning classification in the vicinity and that strict application of the zoning code does not
deprive the property of privileges enjoyed by other properties under the identical zoning classification in the
vicinity.
3. That the above-mentioned waivers (b) and (c), minimum front yard setback and minimum
side yard setback, are hereby granted on the basis that there are special circumstances applicable to the
property consisting of its irregular depth which does not apply to most identically zoned properties in the
vicinity; and that strict application of the Zoning Code would deprive the property of privileges enjoyed by
most other properties in the identicaf zone and classification in the vicinity as other structural setback waivers
have been granted for properties north and east (across West Street) of the subject property.
CR\PC2004-043 -1- PC2004-43
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4. That approval of waivers (b) and (c) 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.
5. That approval of waivers (b) and (c) will not be materially detrimental to the pubiic welfare or
injurious to the property or improvements in such vicinity and zone in which the property is located.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 3, as defined in the State CEQA Guidelines and is, therefore, categorically exempt from
the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby approve, in part, subject Petition for Variance on the basis of the aforementioned findings.
1. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3, 4, 5 and 6 and as conditioned herein.
2. That within one (1) year from the date of this resolution or prior to issuance of a building permit,
whichever occurs first, Condition No. 1, above-mentioned shall be complied with.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -
General" of the Anaheim Municipal Code pertaining to appea! proc~dures and may be replaced by a City
Council Resolution in the event of an appeal. _ A~ ~ ~, n
RPERSON, ANAHEIM CITY PLANIVIPVG COMMISSION
IOR SECRETARY, ANAFiEIM C1TY PLANNING COMM{SSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 April 19, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO; VANDERBILT-LINARES
NOES: COMMISSIONERS: FLORES
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, f have hereunto set my hand this ~~~,~- day of
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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