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PC 77-87RESOLU710!J N0. PC77-87 A 4ESOLUT10t! OF TIIE ANAf~EIM CITY PLA~iNIt~G COMMISSION THAT PETITIOt! FOR VARIANCE N0. 2924 BE GRAI~TED, Iti PART WHEREAS, the Anahcim Ci[y Planning Commission did re~eive a verified Petition for Varlance from ROGEk C. At~D MAIfALIA J. SCfiARF, 152G Edithia Avenue, Anaheirn, Californla 92L02 (Owncrs) of ccrtaln real proper[y si[ua[ed in the City of Anahelm, County of Orange, Statc of California, described as: Lot 113 of 7ract 715;, as per Map recorded in Eiook 73, Pages 3~ to 34 inclusive, Mlscellane~us Maps, in the office of the County Recorder of said Oranye Coun[y; and WHEREASt the Gity Planniny Commission did h~id a public hearing at thc City Hall in the City of Anaheim on April 11, 1977, at 1:30 p.m,, notlce of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Lhapter 16.03, [o hear and consider evldence for and against said proposed variance and to investigare. and make findings and ,-ecommendatlons (n connection [herewith; and Wf~CREAS, said Commission, after duc Inspection, investi9ation and study made by itseif and ln its behalf, and ~fter due consideration of all evidence and reports offered at sald hcaring, does finJ and detcrminc the following facts: i. That thc petitlonr_r proposes thc followinq wa;vers from the Anaheim Munlcipal Code, to permlt four (4) adulc dogs and cortmerclal breeding in the RS-7200 (RESIDEt~TIl1L, SINGLE-FAMILY) ZOt~E: a. SECT101~ 1t3.02.05'L.0134 - Maximum number of do s. 3 perm [ted; + proposed) b. SECTI01~ 1c~.26.Q20 - Permitteu uses. Commercial bre~Jing not permi[ted) 2. That Waivcr 1-a, above-rr~entioncd, is hereby yranted for the four (4) dc~gs presently awned by thc petitiun~r, subjec[ to thc stipula[ion of thc peti[toner tiia[, upon the demisc of the fourth dog, only threc (3) dogs will be kept on the subject property, in compiiance with the Zoning Code. 3. That Waivcr 1-I, above-mentioned, is hereby Jenied on the basis that the petltiuncr did not demonstra[c that a hardship would be created if said waiver was not c~ranted; and, furtl~ermore, the petitioner indicated Chat the commercial brceding could bc done away fr~~m chc subJect property. ~~. That there are e.~cep[lonal or extraordinary circums[ances or conditions applicable [o the property inv~~ived or io thc incended use, as gran[ed, of the property tliat do not apply yenerally to [tie property or class of usc in the same vlclnity an~1 ionc. RESOLUTIOt~ N0. PC77-87 5, That [he requested variance, as granted, is necessary for the prescrvation and enjoyment of a subs[antial property right possessed by other property In the same viclni[y and zoi~e, and denied [o the property fn question. 6. That [he requested variance, as grantcd, will not be materially detriFental [o thc public wclfare or ini,urious to Che propcrty or improvements in such vicinity and zone in which the property is located. 7, That two (2) persons appeare~ at said public hearing ir opposition; and that approximately 19 persons endorsed thc subjLct petition in favor of the proposal. ENVIRONMEIlTIlL IMPACT FINUI~IG: That the Director of [hc Planning Department has determ ned that the proposed activi[y falls w(thin [he defini[ion of 5ection 3.01, Class 1, of the City of Anaheim Guidelines to the Requirements for an Environmen[a) Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. NOW, TNEREFORE, BE IT RESOLVED that thc Anahein City Planning Commission does hereby grant, in part, subject Petitivn fr~r Variance, upo~ ttie following condltfons which are hereby founJ to be a necessary prerequisite to 2he proposed use o'f the subject proper[y in order to preservc the safety and general welrarc of thc Citlzens of the City of Anahcim: 1, Tha[ subject pro~s:rty shall be Jeveloped subs[antially in accordance wi[h plans and speclfications on file with the City of Anaheir~ markecf Exhibit Nos. 1 chrough 3. 2, That this Variancc shall be gran[ed for thc four (4) dogs presen[ly owned by the petltloncr and, upon [hc demise of the fourth dog, a maximum of three {3) dogs shall be kept on the subject proper[y in compllance wi[fi the Zoning Code, as scipulated to by ihe petitioncr. THE FOR[GOING RESOLUTI011 is sicined and approved by me this lith clay of -2- RESOLUTION N•'1. PC77-87 STl,TE OF CRL I FORI~ I/1 ) COUN7Y OF OPJI~IGE ) ss . CITY OF AIIAtII'IH ) I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Comnisston, do hereby certify that the foregoing resolution was passed and adopted a[ a mceting of the Anaheim City Planning Cortmission hald on April 11, 1977, at. 1:30 p.n., by the following w te of the members thrreof: AYES: COHMISSInuERS: BARUES, HERBST, KING, TOLAR, JONNSO~a I~OES: C011MISSIONERS: DAVIU ABSEPIT: COMMISSIONCRS: NOt1E VACAIJCY: 04E SEAT 117 WITt~ESS WIIEREOF, I have hereunto set my hand this tltfi day of April, 1977. ~ ,~ ~~.a...~.~ SECRE ARY~ ANAHEIr1 CI Y PLAI1NItJr, COnnISSION -3- RESOLUTION N0. PC77-87