PC 76-141~• ~ ~
RES(1LII710N N0. PC7G-141
A RESOLUT I ~~I OF THE ANAHE I M C ITY PLANPI I ~!R i.0'1~11 i51 ~N
THAT P[TIT1011 FOR VARIAtlCE N0. 23t5 BE DF.!IIF.D,
WHERE/1S, the Anaheim City Planninn Cr,mmis~ion did recei•~P a verifir.d
Pr.tition for Variance fror~ MIHNIE B. DIERRER~ER, 1h3? ~~• Damon AvenuP~ Anaheim,
California °7302 ((lwner); JA~1FS L. BARISIC, 241 5. La Pa~ Strer.t, Anah~im, California
"2~t17 (Agent) of certain real prnperty situated in the City of Anaheim, f,ounty of
Orange, State of Caltfornia described as:
Lot Eight of Tract No. 15~a4, as shown on a Hap recorded in Boolc ~17, paae 3~,
Niscellaneous ttaps, recnrds of Oran9e County, California.
4!fiEREAS, the City Planning Commission did hold a puhlic hearin9 at th? f,itY
Hall in the f.ity of Anaheim on July 1^, 197~, at 1:3~ P•~•~ notice of said nuhlic
hearin~ having br,en duly ~iven as required hy law and in acc~rdance with the
nrovisions of the ~naheim Municipal Code, Char"tPr 1~.~3, to heir ind consider
evidence for and against said proposed variance and to investigate and n;~4e findings
and recommer.dations in connection there~aith; and
NHEREAS, said Commission, after due inspectinn, investigation an~i studv made
by itself and in its hehalf, and after due co~sideration of all r.vicln.nce ~n~i re~nrts
offered at soid hearin~. does find anrl determine the folloo-~in~ facts:
1, That the petitinner proposes the fotloi•iing waiver f~nm the Anaheim
Hunicipal Code, to permit an illegally constructed fence:
SF.CTIO~! 18,04,0lE3.1~7. - Maximum fence heignt. ~47. inches
permitted; eet existin~~-
2. That the Planning Cnmmission indicateci concurrence a~ith the a~llacenr.
property owners appearing in opposition, that the subJect Tence was poorly locatP~1,
and that having been constructed in the street sida setback and the puhlic rinht-c+f-
a~ay adjacent to Damon Avenue, the fencz material consisting of chainlinl: vias not
appropriate in the front yards of the subJect residen:ial neighborhood and the fence
is, therefore, unsightly.
3, That, furthermnre, the location of the suh)ect fence is ~letermined to
be detrimental to the peace, health, safety and general welfare of the citizens of
tlie C i ty of Anahe im.
~i, That there are no exceptional or extraorclinary circumstances or
conditions appldcable to the pr~perty involved or to the intended use of the property
that do not apply generally to .he property or class of use in the same vicinity an~1
zone.
5, That the requested varlance is not necessary for the ~reservation and
en_joyment of a substantial property rtght possessed by other prnperty ir. the s~mP
vicinity an~i zone, and denled to the property in question.
6. That the requested varlanc~ will be materially detrimental to the
public welfare or injurlous to the property or improvements in such vicinitv and zone
in which the property is located.
7. That three (3) persons appeared, representin9 approximately six (6)
persons present at said public hearing in opposftion; an~i one (1) letter ~oas received
in op^~sition to the subJect petltion.
E"IVIROt~MEPJTAL IMPACT REPORT FINDIN~: That the Director of the Planning Department
has determined that 2h~e proposed activity falls within the definition ~f Section
3.01, Class 3, of the City of Ar.aheim Cuidelines tn the RequiremenCs for an
Envir;,nmental Inpact Report and is, therefore, cate~oric~lly exempt from the
requirement to file an EIR.
RESOLIITION M0. PC7~-~li~
~ . ~ ~
PlOIJ, THEREFORE, RE IT RESOLVED that the Anaheim City Planning Lorc~missi~n
does herehy deny subJect Petttion for Variance nn the hasis of the aforementioned
fin~ings.
TI~E F[1RF. ,o ~ r~r, RES(1LIIT i QII i s s i gned and approvP me th i s t^th ~lav of
,luly, 1975.
CHA I RN!1. , AMAN 1 C I TY PLAP1~1 I tlr, C~M'1 I SS f ~q
ATTFST:
~~~
SECRE AR , A"IANFIM CI Y LANMI~tG CQ"111~SSIQN
STaTE OF CALIFORMIA )
COUMTY OF QRAN~E )ss.
C ITY OF A~IAIiE I!1 )
I, Patricia R. Scanlan, Secretary of the Anahein City Planning Commission,
do hereby certify that the foregoing resolution was passed and adopted at a meeting
of the Anaheim f,ity P1anning Commission, held on July 19. 1~7ti, at 1:3~ p,m., hy the
folloviing votc of the nembFrs thereof:
AYF.S: COMMI~SIONERS: BARtJFS, KIN(;, 110RLEY, TQLAR, JQNtJSQ~I
NOES: Cn!1MISSI~NERS: NnNF.
ABSENT; CO!itt l SS I ONF.RS: FARA"In, HER~'ST
II! WITtIF.SS 1~1HE~E~F, t have hereuntn set my hand this 1~th ~1ay nf July, 1n~r.,
~ , ~
SECRf:TARY, AtlAHf_IN CITY PLA~iNi~lR COM'41551~'I
-Z- RFS~I.UTION N~. PC7S-141