PC 77-225r +
RESO~UTIO!~ N~. PC 77-1.25
A RESOLUT I Ott OF THE ANAHE 1'~ C I TY PIAtRI I ~I ; C0.'1'1 I 55 I OIJ
TNAT PETITIOt~ `0° '~ARIANCE N0. 2~72 BE DENIED
k'HEREAS, the Anaheim City Planning Canmission did reccive a verified
Petition for Variance fron DO'lALD J. and CNARLENE STOLO, 13~ Earbara Way, Anaheim,
California 92805 (Owners); and DE~~NIS NELSO'I, 12 Tahoe, Irvine, California ~2715
(Agent) of certain real proper[y situa[ed in the Lity of Anahr_im, Ccunty of Orange,
Statc of California descrihed as follows:
Parcel ~~, as shorrn on a parcel map filed in book 75, p~aes 1 an~i 2
of Parcel Maps, in the office of th.r. County Recorder of Orange
County.
WNEREAS, the City Plan~ir~c Cormission did hold a oublic hearin~ at the City
Hall in the City of Anaheir~ en Oe[ober 2(, 1~77, at 1:3`1 P•n•. notice of said publie
hearinn having been duly niven as required by la~:~ and in accord~nce with [he
provisions of the Anaheiri Municipal Code, Chap[~r 1?.~?, to heir and consi~er
evidence for and agains[ said oroposed vari~nce ~nd to invcstin~te and ,nal;e findings
and retornmendations in connecLian therr_~,~i[h; and
WHE'tEAS, said Co~amission, aftcr duc ins~r_ction, investi9ation and s[udy nadc
by i[self and in its behaif, and after due consideration of ~11 evidence and reports
off~red a[ s~iJ hraring, docs fin~ and determine thc folloo-ring fac*_s:
1. That the petitioncr propo;es a r.•aivcr of thr_ follnwinn to establish [wo
(2) RS-NS-7.2,~~~(SC) (Residential, Sin~le-Family I!illside, Scenic Corridor Overlay)
lots:
SECTION 13,23.061.~iQ - Hinimum lot area.
22 nnn sa. fc. rcquirc~l;
:~,2~~ sq. [. nro~osed)
2. That Lhc ahovc-ncntioned o-:~ivcr i5 heret:y denicd on the basis [hat the
pctitioner demonstra[ed that no hardship exists in cn~t thc sizc, sh~pr, a~ci terrain
of said property docs not differ from othcr n~arhy parccls which arc developed aiith
sinyle-family residences, and that an undesirable precedent ~~~uld be established in
[hc Hohler Drive are~ If this waiver ricre 9ranted,
3. That there are no exceptional or ex[raer~finary circur^.stances or
conditions applic~ble to the property lnvolved or to the i~tended use of the property
[hat do not apply generally tn [he property or cl~ss of usc in thc same vic(n'fty and
zane.
4, That the requested variance is not necessary for the ~reservation and
enjoyment of a substantial propcrty r?ght possesscil hy othcr property in the same
vicinity and zone, and dcnicd [o thc proper[y in question.
5. That thc requested varlance o~ill bc matcrially detrimental to the
public welfare or injurious to the property or improvemenis in such vlcinity and zone
in which thc property is locatcd.
G, Tha[ 4 persons indicated their presence at said public hearing in
opposition; and that one letter was received in opposition to the subject petition.
ENVIP,ON11EtITAL IMPACT FItIDING: That the Anafieim Ci[y Planning Commisison has
reviewed the subject project consist ng uf 2 RS-115-22,~00(SC) (Residentlal, Single-
Family Hillside, Scenic Corrldor Overlay) lo[s r~ith a~aiver of minimum lot area on
PC-77-225
'approximatcly 0.97 acre ing a fr~ntege of approximatPl ?5 feet on the north side
of Martella Lane having a maximum depth of approximately 3~32 feet, and being located
approximately 860 feet east oF thc centerllne of Martin Read, and does hereby approve
the tlegatlve Declaratton from the requirement to prepare an envtronmental impact
report on the basis that there would be no significant irdividual or cumulative
adverse environmental inpact due to the approval of this Negative Declaration since
the Anahein General Plan designates the subject property for hiliside estate density
residential land uses cortmensurate with the proposal; that no sensitive environmental
impacts are involved in the proposal; that the Initial Study sulxnitted by the
petitioner indicates no significant indlvidual or cumulative adverse environmental
impacts; and that the Negative Declaration substantiatin~ the foregoing findi~gs is
on file in thc City of Anaheim Planning Department.
~~pW, TI~EREFORE, BE ~T RESOLVED that the Anaheim City Planning Commission
daes hereby deny subjecf Petition for Variance on the basis of the aforemen[foned
findings.
THE FOREGOIIIG RESOLUTIOt7 is si9ned and approved by me thii 26th day of
October, 1977•
+~i~--
H 1 ti N P 0 E'1 R E
ANAHE I M C I TY PLANtJ I tl!'~ COMM 1 SS I ON
ATTEST:
'~~~~ ~ ~~~
SECRET4P, ~ FNAHEIM CITY PLArINING LOMNISSIOtJ
STATE Of CALIFORI~IA
COUt~TY OF ORANGE ) ss.
CITY OF ANANEIH )
I, Edith L. Harris, Secretary of the Anaheim City Planning Comnission, do
hcreby certify that the foregoing resolution was passed and adopted at a mem[iby [he
the Anahcim City Planning Commisslon held on Octoher 26, 1Q77, ~t ~:3~ p•
f~llowing vo*_e of the menbers thereof:
AYES: COMNISSIONERS: BARt1ES, DlIVID. NERRST, KING, Lll~tl
NOES: COM'115510NERS: NONE
ABSENT: COMMISSIOWERS: JOHNSON, TOL1R
IN WITt1E55 WFI[REOf, I have hereunto set my hand this 26th day of October,
1977. ~
~~ l~r..[1 A.ts~~
SECRETARY ~ ANAIIE I M C ITY PIANI! I NG C0~1"115510N
-2- PC77-225