PC 77-152~E~CLUTIOFI N0. PC77-152
A RESOLUTIL~?i OF TIiE AuAfi[In CITY PLN~NIUr, COMMISSION
TIiAT PLTITI0;1 FOR VARIa1lCC N0. 23;4 ftE DENIED
WHtREAS, the Analieirz, City Pl~nniny Commission did rrceive a verified
Petition for Variancc from NICNAEL L. AND `JIRGItJiA L. DA11AT0, ~O1 South Cinda Street,
Anaheim, California 92~06, o+•lncrs of ~,crtain rcal property situated in [he City of
Anaheim, Caunty of Oran~e, State o!' California, des~ribed as:
Lot 33 of Tract 1~1(:5, as pcr map recordcd in bcok 150, pa~es 14
and 15 of Misccllancous Maps, reeords of saiJ Oranyc County; and
WHEZEAS, thc City Planni~g Corxnission di.f hold a public hcariny at thc City
flall in thc Lii; of Anahcim on July 1~, 1y77, at 1:30 p.r~,, noticc oi said public
hearing having i.~en duly yiven as reyuired by ~71J and in accord~nc~ wi!f~ the
provisions of ihc Anahcim Municipal Codc, Chap[cr 12.03, to hear and eonsidcr
eviuencc fur and aoainst said proposed v~riance and [o investigate and c,ake findings
and recomr,enJations in conncc~ion thcrcr~i[h; anJ
NHEREAS, ,aid Corunission, aF[cr duc inspection, ir.vcs[i9ation and study made
by itsclf and in its behalf, anu after duu considcration of all cvicicncr. and reports
offered at said hcaring, docs find and de[crmine Chc following fact5:
1. That tiic pctitiuner proposes [hc following waiver from thc Anaheim
Municipal Code to peririit an cxistiny avi~ry:
SECTION 10.02.0;2.012 - Minimum structural setback.
20 fcet from ~ropcrty line rcquired;
"1 [o ~ce[ existiny)
2. Tha[ [hc abov~:-mcnti~~ned waiver is hcreby JcnieJ on thc hasis that the
petitioner did no[ der.ionstratc that a harJsl~ip would bc crcated if said waiver were
not yran[ed; that [he avi~ry ~aas cons[ructecJ illegally; and tha[ [here is sufficient
are~ to reiocat~ [hc aviary on the subject property.
3, Tha[ there are no exccp[iunal or extraordinary circumstances or
eonditions applicoble to the propcrty involved or to ihc intended usc of thc propcrty
[hat do not apply yenerally [o the property or class of use in the sarne vicinity and
zone.
4. That thc requcsted variancc is not neccssary for [hc prescrvation and
enjoymen[ of a substan[ial proper[y rigl~[ possessed by other propcr[y in the same
vieinity and zonc, and denicd to the prapcrty in yuesiion.
5. That ttiu requcsteJ variancc will bc materially de[rimental ~:o ihc
public welfare or injuriou, Co the property or improvements in such vicinity a:id zone
in which thc propc:rty is located.
G. 7hat [hrcc (3) persons indi~a[eJ their presence in opposi[ion a[ the
public hearing; and that one petition con[ainin9 [liir[y-nine (39) signatures
indicating opposition a~d a second pe[ition containin,y thir[y-four (34) signatures in
support of the reyuest were receivecl.
PC77-152
ENVIkONMENTAI. IF'~PACT FINDI~IG: That the Director of the Planning Department
has determined that the proposed ac[ivity falls within the defin~tion of Seciien
3.01, ~:~~; 1, of the City of Anaheim Guidelines to the Requirements for an
Environmental Impact Report and is, therefore, categorically exempt from th~
re~uirement to file an Elft.
NOt1, TNEREFURE, BE IT RESOLVED that the Anaheim City Planning ~ommission
does hereby deny subject Petition for Variance on the basis of the aforementioned
findings.
t977•
THE FOREGOItJG RE50l.UTIQt! is siyned and approved by rr~e this loth day of July,
~~~~u4~~ ~ `~r~c~
CHAIRMAti, ANAHEIM CITY PLAPlNING COMMISSi01~
ATTE57:
! ~ ~ i~~
SECRETARY, ANAHEIM CITY PLAi~NINC COMMISSIOi~
STATE OF Ci1L I fOR~~ I:, )
COUtITY OF OR.1!7GE ) ss.
CITY OF F.NAfiElti )
i, Cdi[h L. Harris, Sccretary of the Anaheim City Planning Commission, do
hereby certify that the forc:yoiny resolution was passed and adop[ed at a meeting of
[he Anafieiro City Planniny Commission held on July lc, 1977, at 1:30 p.m., by the
following vote of the r~tiembers Lhereof:
AYES: COFf111SSI0I![R5: BAftIJES, DAVID, KING, JOHNSOtI, LINI~, TOLAR
~JO[5: COtIM IS51 01![RS : NONE
ABSEtIT: COh~11SSI0tlERS: t1ER4ST
Itd WITl~E55 1:iiEFt[UF, i have hereunto se[ my hand [his 18ch day of July, 19J7.
~~~ ~ ~~~
SECRETARY, At~FNElt1 CITY PLAl~NING CQt1MISSION
-2- PC77-152