PC 79-83RESOLUTION N0. PC79-a3
RESOLU710N OF THE ANAHEIM LITY PLANNING CONNISSION
THAT PETITION FOR VARIANCE N0. 3~Bh BE GRANTED
WHEREAS~ the Anaheim City Planning Commtsslon did receive a verified
Petition for Varlance from PIt~G C. WU AND t~ORMA S. WU, 567 Peralta Hills Drlve,
Anaheim, California 92807, owners of certain real oroperty sicuated tn the City of
Anaheim, Lounty of Orange, State of California described as:
PARCEL i: That portion of Lot 29 ~f Tract No. 5°~ as per map
recorded in book 10, page 18, Miscella~eous Maps. in the office of
Che County Recorder of said Coun[y, described as follows:
Begtnning at the most Northerly corner of said Lot 29 sald point
being in the centerline of the 40.00 foot road known as Peraita
Hills Drive, as shown on said Map. thence alono the ues[erly line
of said Lot South 3$° 58' 00" East, 1b7.~0 feet to an angle oolnt
therein said polnt being in the Nes[erly line of [he 12.50 foot
strip adjoining satd Lot on the Nest; thence along sald Wes[erly
line South 12° 21' 00" East 355•00 feet to the Southwest corner
thereof; thence North 77° 39' 40" East 20.00 feet; thence South
15~ 26' 30" East 100.42 feet; thence South 13° 20' ;0" East 86.24
feet to the true pofnt of beginning, said point being the
Sou[hwest corner of the lanJ described as Parcel 1 in the Deed [o
Peter L. Bethen and Mary L. Sethen, husband and wife, recorded
October 16, 1959 fn book 4930. page 353. Offtcial Records; thence
North 75° ~g' 00" East 33~.34 feet along [he Southerly linc of
said Deed to [he Easterly line of said Lot 2q; thence alona said
Easterly Iine Sou[h 14~ 2k' 00" East 56.70 feet; [hence 5outh ~o
54' 00" West 88.8G feet; thence South 75~ 48' 00" West 311.1° feet
to the Southerly prolongation of the uesterly line of the above
mentioned Deed; thence alono said Southerly prolonqation North 13~
2~~ ~~" West 142.46 feet to [he irue point of beginning.
WHEREAS, the City Planning Commisston did hold a publlc hearing at the City
Hall in the City of Anahefm nn Aprtl 23. 1979, at 1:3~ c.~., notice of said public
hearing having been duly given as required hy law and in accordance with the
provisions of the Anaheim Munictpal Code, Chapter 1B.03, io hear a~d consider
evidence for and against said proposed variance and to investigate and make findings
and recort~endations in connection therewith; and
WHEREAS, said Commfssion, after due Inspection, investigat3on and study made
by itself and in its behalf~ and after due conslderation of all evidence a~d reports
offered at said hearing, does find ar,d determine [he following facts:
PC79-83
1. That the petiticner proposes a waiver of the following te construct a
[ennis court:
SECTIOt~ 18.22.063.C10 - Minimum slde~ard setback.
15 ect required; 11 ~et proposed)
2. That the proposed waiver is hereby granted on thc basis that similar
requests have previously been granted; that denial would be deprivtng subJect
property of privileges being enjoyed by other properties in the same zone and
vicinity, and that the proposed encroachment into the required sideyard is minimal
and involves no solid structures or materials.
3. Tha[ there are exceptional or extraordinary circumstances or cond(tions
applicable to the property involved or to the tntended use of the property that do
not apply generally to the property or class of use in [he same vicinity and zone,
4. That the requested vartance is necessary for che preservation and
enjoyment of a substantial property right possesse~ by other property tn the same
vicinity and zone, and denied to the property in yuestion.
5. That the requested variance will not be materiaily detrlmental to the
publTc welfare or injurious to the oroperty or improvements in such vicinity and zone
in which the property is located.
6. Tha[ no one tndicated their presence at sald public hearing in
oppositfon; and ttr~[ one letter was received in opposition to the subJect petition.
ENVIRONMENTAL IMPACT FII~DING: The Plannin9 Director or his authorized
representative has determtned that the proposed project falls aithin the dzfinition
of Categorfcal Exemptions, Class 5, as defined i~ Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and is, therefore, categorically exempt From
the reauireme~t to arepare an EIR.
NOW, THEREFORE, ~E IT RESOLVED [hat the Anaheim City Planning Commission
does hereby grant subJect Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequTsite [o the proposed use of the subJect
property in order to preserve the safety and general welfare of the Citizens of the
Ctty of Anahelm:
1. That subJect property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No. i.
2. That any specimen tree r~moval shall be subject to the regulations
pertaining to tree preservation in the Scenic Corridor Overlay Zone.
3. That Londitio~ No. 1, above-mentloned~ shall be canplied with prlar to
ftnal building and zoning Inspectlons.
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BE IT FURTHER RESOLVED that the Anaheim City Planrting tommtssion does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compltance wlth each and all of the conditions heretnabove set forth.
Should any such co~dition. or any part thereof, be declared invaltd or unenforceable
by the final Jud~ment of any court of competent Jurisdlction, then this Resolution~
and any approvals hereln con[ained. shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and ~r ved by me this 23rd day of
April, 1979.
AI MA , A AIIE CIT LANNiNG COHMISSION
ATTEST:
~~ ~ ~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harrls, Secretary of the Anaheim City Planning Commission, do
hereby certify that the fore9oing resolutton was passed and adopicd at a meeting of
the Anaheim Lity Planning Commission held on April 23, 1979, by the following voce of
the membcrs thereof:
AYES: LOHMISSION~RS: BUSHQRE. DAVID, HERBST. JONNSON. KING. TOLAR
NOES: COMM{SSIONERS: NONE
ABSENT: COMMISSIONERS: BARNES
IN uITNESS NHEREOF, I have hereunto set my ha~d this 23rd day of April, ~
1979•
6 d~ v~ i~~ert.t~..~
SECRETARY~ ANAHEIN CITY PLANNING COMMISSION
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