PC 77-243~-
RESOLUTIOtI N0. PC77-2~~3
A RESOLUTION UF THE ANAHEIM LITY PL~t~NIt1G CONMISSIOtt
THAT PETITIOt~ FOR VARIAI~CE 110. 2977 4E GRAI~TED, 111 Ph,RT
NtIEREAS, the Anaheim City P~annin~~ Corronission did receive a verified
Petition for Variance from R63ERT J. AND KATtIAR11iE I. FOf~RCSTER, 477 Country Nill
Road, Anaheim, Lalifornia 92~07, we~~rs of ccrtain rcal property situated in the City
of Anaheiin, County of Orange, Sta[c uf California, described as:
Tha[ portion of Section 6, Tarnship 4 South, Rangc o Nest, San
Bcrnardino Meridian, in the Rancho Sa~tiago de Santa Ana,
described as Parcel 3, as shown on a map fileJ in book 92, pages
3> and 36 of Record of Surveys in che office of [he county
recorder of Oranye CounLy, California; and
WHEHEAS, [he City Planniny Commission Jid hold a public hearing at the Ci[y
Nall in the City of Analieirn on tlovenber 7, 1977, at 1:30 p.rn., notice of said public
hearing having been duly given as requireJ by law and in accordance with the
provision• ~f the Anaheim Nur,icipal Code, Chapter 1t.03, to hear aneJ consider
evidence for and ayains[ said proposed variance and to investigate and make findings
and recommendati,~ns in connection tliererri:h; and
NIiEREAS, saio Commission, aftcr due inspec[ion, invcstigation a~d 5 Wdy made
by itsclf and in its bchalf, anJ after duc considera[ion of all evide~ce and repor[s
offered at said hearing, does find and detcrmine thc following facts:
1. That the pe[itioner proposes a waiver of ihe following to eonstruct a
single-farnily residence:
SECT101~ t:s.1.3.0(i3.~30 - Minimum rcar ard setback.
2y cci rcyuired; - 2 fest proposed)
2. That thc above-mentioned waiver is hereby graiited, in part, ('or a
minimum 13-foot rear yard sctbacE; on the basis tha[ the pe[itioner dernonstrated that
a hardship exists in that a 1~0-foot wide, Soutiiern California Edison Lompany
easement diagonally crosses subjcc[ property, occupying ~0$ to d0; of subject
propcrty and subs[antially re~ucing the builJable lot arca.
3, Tfiat [he above-men[ioned variance is hereby granted subJect to the
petitioner's stipulation to r~iodifyiny the proposed buildiny plans to provide a 13-
foot sctback from the rcar (south/soutlieast) prupcr[y linc.
4, Tha[ ti~ere arr excepti~nal or extraordi~ary circumstances or conditions
applicable to th~ property involved or to thc intendcd usc, as granted, of the
property that do not apply gencrally to the propcrty or class of usc in the same
vicinity and zone.
5. That the reques[ed variance, as 9ranted, i, necessary for the
preservation and enjoyment of a substantial propcrty right possessed by other
property in tfie same viclnity and zone, and denicd to the prorcrty in questton.
PC77-243
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6. That thc requcs[ed variancc, as grantecl, will not bc matcrially
detrimental [o the public .+elfare or injurious to thc property or inprovements in
such viciniiy and zone in wtiich the proper[y is located,
7. That one person indicated her presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
peti[ion.
ENVIFt01~MEt~TAL 111PAC7 FlNDII~G: That the Oirector of the Planning Department
has ~etermined that the proposed ac[ivity falls witfiin the definition of 5ection
3.01, Class ;, of [hc Ci[y of Anaheim Guidclines to the Requiremerts for an
Environn~en[al Impact Report and is, Lherefore, cateyorically exempt from che
requirement to file an EIR.
NOW, Tl1EP.EFOP,E., BE 17 RESOLV~.:U that the Anaheirn City Planning Lommission
docs hereby yrant, in part, subject F'e[ition for Variance, upon the followiny
con~iition which is hereby found to br. a nec~ssary prcreryuisi:~ [o Chc proposed use of
the subject pruperty in ~rdcr to preservc the safety and ~~eneral welfare of the
C i t i zens of tl~c C i ty of A~ahe i 7:
1. Thac subject property shalt be developed subs[antially in accordance
with plans a~d s~ecifica[ions on filu wi[h the City of Anahein marG.ed Exhibit Nos. 1
through ;, providc~, hrnrcvcr, Lha[ tlic miniiaur~~ rcar yard setback shall rtot bc Iess
than thirteen (1~) f~et.
TH.E FGREGOI;;G R[SOL'JTIQ!J is sir~ned and approved by r,e this 7th day of
Wc,vernber, 1977.
,e~~--.~~~-
ctiniR~~u, 1CI:AI!EIM CITY PL/~'~IIING COHHISSIQI!
AT7LST:
~~ ~° 1~~
SECRETARY, AI7AIiLIFt CITY PLN!L11t~G C0141iSSI0N
STATC OF CAL I FOR:J I l+ )
CUUlITY OF QRANGE ) ss.
CITY OF AI~N1ElK )
I, EdiCh L. Harris, 5ecretary of tf~c Anaheim f,ity Plunning Commissiun, do
hereby certify that thc for~yoin~ resolution was p~ssed and aJopccd at a meeting of
[hc Anaheim Ci[y Plan~ing Commission hcld on tlovembcr 7, 1~77, at 1:30 p.m., by the
following votc of [hc members thcreof:
AYES: COMN1551617[RS: UAVIU, IfERI35T, JOt11~50N, KING, TOLAR
NOES: COMMISSIOI~ERS: NONC
A~SENT: COMF415SIONEP,S: BARI~ES, Llti!~
1977.
I!{ 411Tt~E55 1JHEP.EDF, I havc hereunto set rrry hand this 7th day of November,
l0~ ~ l~~
SECRCTl1RY, ANAHEIM C1TY PLANNING COMl115510f1
-2_ PC77-243