PC 76-225~ ~
RESQLUTIQN N0. ?C76-225
A RESOLIITION OF THE ANAHEIM CITY PLANNI~~r, COMMISSIOPI
THAT PETITION FOR VARIANCF N0, 2BS8 BE RRANTED, Itd PART.
WHEREAS, the Anaheim CIty Planning Commission did raceive a vr.rified
Petition for Variance from RONALD L, A~~D YVONNE G, RIRD, 203 Shakespeare Street,
Anah~im, California 92S3Q5 (Owner~); NELSON-DYE COMSTRUCTIQN, INC„ 166li W, Broadway
"B", Anaheim, California 92802 (Agent) of cerYain real property situated in the City
of Anaheim, County of Orange, State of Callfornia dascribed as:
lot 58 of Tract 2767, as per map recorded in hook 136, pages 7.1, ~2 and 23 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
WH[REAS, the City Planning Ccmmission did hold a public hearing at the City
Hall (n the City oi Anaheim on November 8, 1975, at 1:30 p.m,, notice of said public
hearing having been duly given as required by iaw and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed vartance and to investigate and make findings
and recommendations in connection there~aith; and
WHEREAS, said Commission, aft:r due inspectlon, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
i. That the petitioner pr~poses the followtng waivers from the Anaheim
Municipal Code, to construct a room addition:
a. SECTION 18,04.043.040 - Permitted encroachments into required ards.
20 inches permitted; 2 inches proposed
b. SECTION 1R,26.OFi3.020 - Minimum side ard sethack. (5 feet
required; 3 eet proposed
2. That Waiver 1-a, above-mentioned, is hereby granted, in part, on the
basis that the petitioner sttpulated to reducing the eave proJection from 42-Inches
to 30-inches.
3. That Waiver t-b, above-mentioned, is hereby granted on the basis that
similar waivers have been prevtously granted by the Planning Commission in the
subJect area; there were no obJections from the ad)acent property owner to the north;
and, ~urthermore, that the proposed addition ivould be one story in height.
4. That there are exceptional or extraordinary ,;ircumstances or condltions
applicable tc the property involved or to the tntended use, as granted, of the
property that do not apply generally to fhe property or class of use in the same
vicinity and zone.
5. 7hat the requested varlance, as granted, is necessary for the
preservation and enJoyment of a substantial property right possessed by other
property in th~ same vicinlty and zone, a7d denied to the property in question.
6, That the requested variance, es granted, will not be materially
detrimental to the public welfare or in)urlous to ~he property or impr~vements in
such vicinity and zone in whi~h the property is located.
7. Tha*. no one indlcated thei~~ presence at said publlc hearing in
oppositfon; and thaY no correspondence was received in oppos;tion; however, one (1)
letter was received in favor of the proposal.
ENV~RONMENTAI IMPACT REPORT FINDING: That the Director of the Planning
Department has determined that the proposed activity falls within the deflnition of
Section 3.01. Class 5, of the City of Anaheim Gutdeitnes to the Requirements for an
Environmental Impact Report and is, therefore~ categorically exempt from the
requtrement to file an EIR,
NOW, THEREFORE, BE IT RESOLVED that the Anaheim ~"ty Pianning Commisslon
does hereby grant, in part, subject Petitlon for Variance~ upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
RESOLlITION NU. PC76-225
~ ~
of the subJect pro~erty ln order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That the proposed structure shall conform to all special Ruilding
Diviston standards for structures located within 3 feet of a property llne, prlor to
final building and zoniny inspectlons.
2. That subJect property shall be developed substantially in accordance
wtth plans and spec3fications on gile with the City of Anaheim marked Exhlbit No. 1,
prior to final ~uilding and z.anirg tnspections; provided, however, that the eave
overhang shatt be reduced to a maximum of 30 inches, as stipulated to by the
petitloner.
THE FOREGOING RESOLUTION is signed and approv by me this $th day of
November, 1976.
~!
CHAIRMAN, ANAH CITY LANNIN6 COMM1551QN
ATTEST:
,/,~~~,,r ~ o -.z~~
ECRETARY, ANAHEIM CtTY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricla B. Scanlan. Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resolutlon was passed'and adopted at a meeting
of the• Anaheim City Planning Commission, held on November 8, 1976, at 1:30 p.m., by
the following vote of the members thereof:
AYES: COMNISSIQNERS: BARNES~ FARANO, KING, MORLEY
NOES: COMMISSIONERS: HERBST. JOHNSON
ABSENT: COMMISSIONERS: TCLAR
IN WITNE55 M'HEREOF~ I have hereunto set my hand thts 8th day of November
1976. _ _
SECRETARY, ANANEIM CI Y PLANNINf, COMMISSIQN
-2- RESOLUTION N0. PC76-225