PC 70-176~-
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RESOLUTION N0.
PC70-176
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 2209 gg GRkNTEU
WHEREAS, the City Planning Commisaion of the City oE Aneheim did receive a verified Petition Eot Verience from
MARIO AND JEAN MUNIZA, 1364 Sherrill Street, Anaheim; California 92804, Onmers of
certain real property situated in tne City of Anaheim, County of Orange, 5tate of
California, described as Lot No. 24 of Tract No. 3104, Miscellaneous Maps, Aook 92,
Pages 46 and 47.
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WHEREAS, the Ctty Plonning Commission did hold e public hearing et the City Hell in the City of Aneheim on
Septeinber 21, 1970, et 2:00 o'clock P.M., notice of seid public hearing having bern duly given es requlred by
law end in ecoordence with the provieions of the Anaheim Municipal Code, Chepter 18.68, to hear and consider evidence for
end agalnst seid proposed vatience and to investigete and meke findings end recommendetions in conneMion therewith;
ond
WHEREAS, said Commission, efter due inspection, investigetion, end study mede bp itself end in its behelf,
end aEter due conaiderotion of all evidence and repoRe offered at said hearing, does find and detecmine the following
fects:
1. Thet the petitioner requeats e verience from the Anehelm Municipal Code a~ ,`o; lows :
a. S[CTIGN 18.28.030(1-a) - Minimum required front yard setback
(?5 feet required; 0 feet proposed);
h. SFCTIqJ 18.04.090(?_-h-5) - Maximum F~ermitted fence heiqht
(42 inches permitted; 6 feet proposed).
7. That the petitioner proposes to establish a swimming pool and fence within the
required front yard setback.
:i. That there are exceptional circumstances relating to subject property in that,
while Cod? considers this p~rtion of the parcel to be a front yard, it is utilized
as the rear yard because of the orientation of the house toward the west.
4. Tti~t the petitior.er is prnp~sing t~ replace an existing f?nce.
~. Tl~a*_ t`~e req~ested variance is necessary for t'~;e preservation and enjoyment. of
a substantial prnperty right possessed by other prnperty in the same vicinity and
zone, and denied to tt~e property in yuestion.
6. That the requested variance, as approved, vrill not he materially detrimenial to
the public welf2re or injurious Lo the property or improvements in such vicinity
ar,d zone in which the property is located.
7. That the Planning Commission deems it necessary to reyuirc a 6-foot masonry wall
to enclose the pool area and separate it from the side~salk in orcer to prevent easy
access to the pool area .`rom the public riqht-of-way.
8. T'~at one letter and a petition signed by four persons were received in favor of
i_}i? petition.
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, NOR', THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission dces hereby grant subject
Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the pro-
posed 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 substantially in accordance with plans
and specifications on file with tlie ~ity of Anaheim, marked Exhibit Nos. 1 and
2, provided however, that a 6-foot decorative masonry wall shall be constructed
around the swimmin9 pool area in lieu of the proposed grapestake fence.
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THE FOl2EGOiNG RESOLUTION is signed end approved by me this lst day of October, 1970.
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CHAIR AN ANAHEIM CITY PLANNING COMMISSION
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SECRETARY ANAHEIM CITY PLANNING COMMISSION
~ STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
~ CITY OF ANAHEIM )
I, Ann Krebs. Ser.~etary of the City Planning Cammission of the Cily o( Anaheim, do hereby certi(y that the fore-
going resolution was passed and adopted at n meeting o( the City planning Commission of the City of Anaheim, held on
September 21, 1970, at 2:00 o'clock P.M., by the following ~ote of the members thereof:
AYES: COMMISSIONERS: Allred, Farano, Gauer. Kaywood, Rowland, Herbst.
NOES: COMMISSIONERS: None.
ABSENT: COM~7ISSIONERS: Idone.
AI3STAIN: COMMISSI~dERS: Seymour.
IN WITNESS WHEREOF, I have hereunto set my hand this 15 t day of October, 1970.
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SECRETARY ANAHEIM CITY PLANNING COMMISSION
RESOLUTiON NO. 176
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