PC 70-167RESOLUTION NO. P~~'167
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 22~2 BE GRANT^cD
WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Verience
from ALBERT AND DOROTHY KIRKPATRICK, 2441 West Mall, Anaheim, California 92804, Owners of
certain real property situated in the City of Anaheim, County of Orange, Si:ate of California,
described as Lot No. 98 of Tract No. 1940.
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WHEREAS, the City Planning Cornmission did hold a public hearing at the City Hall in the City of Anaheim
c;on September 10, 1970~ at 2:00 o'clock P,M., netice of said public hearing having been duly given es required
~by law and in accordance with the provisions oE the Anaheim Municipal Code, Chapter 1B.68, to hear and consider
evidence for and against said proposed variance and to investigate and make findings end recommendations in connec-
tion therewith~ at~d
WHEREAS, said Commissinn, after due inspection, investigation, end study made by itself and in its behalf,
and after due consideration of all evidence and reports offered at said hearing, does Eind and determine the following
' facts:
1. That the petitioner requests a variance Erom the Anaheim ~tunicipal Code as follovdss to establi5h a
swimming pool and fence in the required front yard of subject property:
S ECTION 18.24.030(1-a) - Minimum required front yard setback. (25 feet
reoui.red; 1 foot proposed).
2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved
`. or to the intended use of the property that do not apply generelly to the property or dass of use in the same vicinity
and zone.
3. That the requested variance is necessery for the preservation and enjoyment ot e substantial property right
possessed by other propei~y in the seme vicinity and zone, and denied to the preperty in question.
4. That the requested variance will not be materially detrimental to the public welfare or injurinus to the prop-
erty or improvements in such vicinity and zone in which the property is loceted.
5. That the petitioner stipulated to providing a 6-foot decorative masonry wall, a
5-foot structural setba-:;, and a 5-foot landscaped strip in front of the masonry wall.
6. That approval of a 5-foot structural setback for the masonry wall is granted on the
basis that ttiree residences in this tract pr.esently enjoy setbacks less than that required
by the Anaheim Municip~l Code, two of these homes having been d?veloped with thase set-
backs while the propert~~ was undex the jurisdiction of the County of Orange.
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NOW, Th}:a2EFORE, EE I'f RESOLVED that the Aneheim City Plenning Commission does hereby grent subject
!`et;iion €~: V~+riance, upon the following conditio~s which are hereby found to be a necessary pcerequisite to the pro-
Uoscd ~, =~~ af Yhr subject pcwi~t•.'~s~ in order to preserve the safety and genewl welfare of the Citizens of the City of
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.. ~t,;;: „_oje :_;:;~_~-ty shall be developed substantially in accordance with plans and
~i'. _!> ~:"~a`:•:;.' :;; rile witFi the City of Ananeim, marked Exhibit No. 1; prior to final
'f b'-~ =; anc :.~ ing inspections, provided however, that a 6-foot decorative masonry wall
si'.?.~: ae provi;i~:~;:1 behind a 5-foot setback, said 5-foot setback shall be landscaped to
provide the natural amenities desirable in a residential area.
;~',' THE FOREGOING RESOLUTION is signed end approved by me t~is 17th day of September, 1970.
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~~CHA MAN ANAHEIM CITY PLANNING COMGIISSION
'i ATTEST:
SECRETARY ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
~ ' COUNTY OF ORANGE ) ss.
` CiTY OF ANAHEIM )
I I~ Ann Krebs ~ Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the fore-
going resolution wes pessed and edopted at a meeting af the City Planning Commission of the City of Anaheim, held on
September 10, 1970~ et 2:00 o'clock P.M., by the following vote of the members thereof:
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AYES: COMMISSIONERS: Farano, Gauer, Kaywood, Seymour, Herbst.
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I~ NOES: COMMISSIONERS: None.
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I: ABSENT: COMMISSIONERS: Allred, Rowland.
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IN WITNESS WHEREOF, I have hereunto set my hend this 17th day of September, 1970.
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~` SECRETARY ANAHEIM CITY PLANNING COMMISSION
~~~ _ RESOLUTION NO. 167
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