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PC 75-274~ ~ RESOLUTION N0. PC75-27y A RESOLUTIOtI Of THE CI?Y PLANNIt7G COMMISSiON OF THE CITY OF ANAHEIM THAT PETITIODI FOR VARIANCE N0. 2767 Bc GRANTED WHEREAS, the Ci¢y Planning Commission of the City of Anaheim did receive a verified Petition for Variance from JAMES MC CLESKEY, 206 S. Emerald St., Anaheim, CA 9?301 (Owner); D. W. MC FERRAN, 7590 Garden Grove Blvd., Westminster, CA 926a3 (Agent) of certain r~al property situated in the City of Anaheim, County of Orange, State of California described as: TRACT 2299, LOT N0. 103, IN TNE CITY OF ANAHEIM, COUNTY OF ORAPJGE, S7A?E OF CALIFORNIA. WHEREAS, the City Planning Commission did hold a pubiic hearing at the City Hall in the City of Flnaheim on December 22, 1975, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in eccordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider ~vidence for and against said proFosed variance and to investigate and make findings and recommendations in connection tfierewith; and WHEREAS, said Commission, after due inspection, invsstigation and study made by itself and in its behalf, and after due consideration of all evidence and reports ~ffered at said hearing, does find and determine the following facts: l. That the petitioner requests the following waiver from the ~`.na~eim Muntcipal Code, to cortstruct a patio addition: SECTION 18.26.063.030 - Minimum buildin setback (10 feet required; eet proposed. 2. That the above-mentioned waiver is hereby granted on the basis that the neighboring property owners who would be most affected by the proposed patio addition had no objection to the subJect petition. 3. That there are exceptional or extraordinary circumstances or condit(ons app,licable to the property involved or to the intended use of the property that do not'apply generally to the property or class of use in the same vicinity and zone. ~-. That the requ~sted variance 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 questlon. 5. That the requested variance will not be materially detrimentat to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That one (1) person appeared at said public hearing in opposition; and no correspondence was recetved in opposition to subject petition. ENVIRONMENTAL IMPACT REPORT FINDING: That the Director of the Planning Department has determined that the proposed activity falls within ehe definition of Sectfon 3.01~ Class I, of the City of Anaheim Guidelines to the Requirements for an Envir~nme~tal Impact Report and is, therefore~ categoricaily exempt from the requirement to file an EIR. NOW, TNEREFORE, BE IT RESOLVED that the Anahetm City Planning Commission does hereby grantsubject Petition for Variance~ upon the following condition which is hereby found to ba a necessary prerequisite to the proposed use of the subject property in order to pres~erve the safety and generai welfare of the Citize~s of the City of Anaheim: (t) That subject property shali be developed substantialty in accordance with plans and specifications on file with rhe City of Anahelm marked E~hibit No. l. RESOLUT~ON N0. PC75-27~ ~ C THE FOREGOING RESOLUTION is signed and approved by me this 22nd day of December, 1975. ,~~ ~ d / CHAIRMAN, ANANEIM ITY PLANNIPlG COMMISSION ATTEST: ,~:~,~~ ~ SECRETARY, AWAHEIM CITY PLANNING COMMISSION STATF OF CALIFORNIA ) COUtJTY OF ORANGE '~ss. CITY OF ANAHEIM j I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the f~regoin9 resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on December 22, 1975, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMI$$IONERS: BARNES, t'.ERBST, JOHNSON, KING~ MORLEY, TOLAR, FARANO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 1975. IN WITNESS IJHEREOF, I have hereunto set my hand this 22nd day of Dacember, ~ ~ SECRETARY. ANAFicIM CITY PLANt~ING COMMISSION -Z- RESOLUTION N0, PC75'274