Resolution-PC 2004-21~
RESOLUTION NO. PC2004-21
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2004-04596 BE DENIED
WHEREAS, 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:
LOT 67, TRACT 1820, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGES 31 AND 32, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 9, 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
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence
for and against said proposed variance and to investigate and make findings and recommendations in
connection therewith; 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:
1. That the petitioner proposes waiver of the following to retain and permit an existing 6-foot
high fence in the required front yard setback:
Sections 18.04.043.100.101(a) - Maximum fence heiqht.
18.26.063.010 (3-foot high fence permitted in the required 25-foot front yard
and 18.26.064.110 setback in the RS-7200 "Residential, Single-Famil~' Zone;
6-foot high fence existing and proposed)
2. That the above-mentioned waiver is hereby denied on the basis that there are no special
circumstances applicable to the subject property pertaining to topography, location and surroundings, which
do not apply to other identically zoned properties in the vicinity.
3. That no other front yard fence height waivers have been granted in the vicinity of the subject
property and, therefore, strict application of the Zoning Code would not deprive this property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
4. That ample recreation/leisure area exists in the secured rear yard of this property.
5. That the Public Works Department has confirmed that the existing fence (which is shown in
the photograph on page 2 of the February 9, 2004 Staff Report to the Planning Commission) is located 4 feet
within the Tyler Avenue public right-of-way; and that such public right-of-way is reserved for public
improvements such as sidewalks and parkways.
6. That the requested variance is not 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.
7. That approval of the requested variance would be materially detrimental to the public welfare
or injurious to the property or improvements in the vicinity and zone in which the property is located.
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8. That 4 letters were received in support of the fence height waiver.
9. That 2 people spoke at the public hearing in opposition to the request, and no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falis within the definition of Categorical
Exemptions, Class 3, as defined in the State of California Environmental Impact 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 deny subject Petition for Variance on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted t the Planning Commission meeting of
February 9, 2004.
HAIRPERSON, ANAHEIM CITY PLANN G COMMISSION
ATTEST: /`~'~r'~/
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 9, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NOES: COMMISSIONERS: FLORES
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this f S~ day of
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PL ANNING COMMISSION
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