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PC 72-117~ ~ ~ '~~ RESOLUTION NO. PC72-117 A RESOLUTION OF THE CITY PLANNIDIG COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2371 HE GRANTED WHEREAS, the City Planning Commission of thc City of Anaheim did receive e verified Petition for Varience from RAYMOND C. and CAROL L, COSTA, 862 Granite Circle, Anaheim, California 92806, Owners of certain real property situated in the City of Anaheim, County of Orange, State of Califor- nia, described as Lot No, 65 of Tract No. 6809 ; end WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 37., 1972, at 2:00 o'clock P.M., notice of said public hearing heving been d~iy given as required by law and in eccordance with the provisions oE the Aneheim Municipel Code, Chapter 18.68,to hearend consider evidence Eor end against seid proposed varier.ce and to investigate and meke findings end recommendations in connec- tion therewith; and WHEREAS, said Commissinn, efter due inspection, investigation, and study made by itselE and in its behelf, and after due consideration of ell evidence and ceports offered at ~eid hearing, does Eind and determine the following facts: 1. That the petitioner requests a veriance Etom the Anaheim Municipal Code: SECTION 18.04.090(4) - Maxtmum fence height• (7 feet, 2 inches proposed; 6 feet, 0 inches permitted) 2. That there are exceptional or extraordinary circurt.vtences or conditions epplicable to the property involved or to the intended use of the property that do not apply generelly to the property or cless of use in the same vicinity and zone. 3. That the requested varience is necessary ior the preservation end enjoyment oE e substentiel property right possessed by other property in the seme vicinity and zone, end denied to the property in question. 4. That the requested vartance will not be materially detrimental to the public welfate or injerious to the pmp- ercy or improvements in such vicinity end zone in which the property is loceted. 5, Th.:t L-he Planning Commiasion in the past has grantad permiesion to construct 8•foot i:•t.gh walls where the petitioner has proven a hardahip exiated. 6. That the petitioner in thie inatance has demonstrated a hardship existed with baseballs being hit i.nto his yard and breaking windows when children are playing in the school yard i,~mnedi- ately adjacent to subject property, 7, That one person appeared in oppositior. and pre•.aented a petition aigned by 25 peraons also in opposition. ';-G -1- r~ - ~~ NOW, THEREFORE, BE IT RES~ED that the Aneheir Clty Plenning Com~ssion does hereby gwnt subject Petition for Veriance, upon the following cdnditions which ere hereby found to be a necessa~y prerequisite to the pro- posed use of the subject pcoperty in order to preserve the safety and general welfare of tt;e Citizens of the City of Anaheim: (1) That subject property shall be developed substantially in acco'rdance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. (2) That Condirion I~o. 1, above mentioned, shall be complied with prior to the commence- Ment of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of 180 days, whichever occurs first, or such further time as L•he Planning Com~nission may grant. THE FOREGOING RF.SOLi~TION is si~ed end epproved by me this 9th day of June, 1972. ~ AI AN/ANAHEIM CITY ANNING CQ SSION PRO TEM ATTEST: ~~ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANANEIM ) I, Ann Krebs, Secretery of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Plenning Commission of the City of Aneheim, held on May 31, 1972, at 2:00 o'clxk P.M., by the following vote of the members thereof: AYES: COMMISSIONERS: ALLRED, GAUER, HERBST, RAYWOOD, SEYMOUR. NOES: COh7MISSIONERS: NONE. ABSENT: CQMMISSIONERS: FARANO, ROWLAND. IN WITNESS WHEREOF, I have hereunto aet my hend this 9th day of June, Z9 ii. RESOT,UT/ON N0. PC7?-117 ~ SECRETARY ANAHEIM ITY PLANNING COMMISSION V2-G _2-