PC 79-9RESOLUTIO~~ N0. PC 79-9
A RESOLUTION OF THE ANANEIM CITY PLANN~N~ CO.MNISSION
TNAT PETITIOtI FOR VARIANCE N0. 3~69 BE GRAFITED, IN PA.°.T
WNEREAS, the Anahetm City Planning Commission did receive a verifted
Petition for Variance fron ROBERT R. AND BETTY J. CUSHMAt~ Al;D RELONDA L, CU$HMAN~
1908 Victoria Avenue. Anaheim, Californla 92804, owners of certain real property
situa[ed fn the City of Anahetm, County of Orange. State of talifornia described as:
Lots 1 and 2 of Tract 2570. in the City of Anaheim, as per map
recorded in Book 82, Pages 11 and 12, of Miscellaneous Maps, ln
the office of the County Recorder of said Orange Councy.
WHEREAS. the Ci[y Planning Commission d(d hold a public hearinq at the City
Hall in the Ctty of Anahelm on January 15, 1°79, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provislons of the Anaheim htunicipal Code, Lhapter 13.03, to hear and consTder
evidence for and agatnst safd proposed variance and to investigaLe and make flndings
and recorrcnendattons in connectton therewith; and
11HEREAS. sald Commission, after due inspection, investiga[ton and s[udy rr,ade
by itself and in its behalf, and after due consideration of all evldence and reports
offered at sald hearing. does find and determine the followina facts:
1. That the pe[ittoner proposes a waiver uf the foilowtng to establtsh [wo
(2) lots and to construct a single-family residence:
(a) SECTION 1$,26.061.010 - Minimum to[ area.
200 square eet required;
200 square eet proposed)
(b) SELTIOt~ 18.26.061.Q20 - Minimum lot Hidth.
0 eec requ red•
~cet proposed)
(c) SECTION 18,26.062.030 - Minimum flaor area.
1225 square ee[ requlred;
10 5 square eet proposed)
(d) SECTI0~1 18.26.063.~30 - Minimum rear- ard setback.
25 cei requtred;
15~et proposed)
2. Tha[ th~: propoc,ed ~ariance,is hereby granted~ in par[, subJece to [he
petitioner's stipulations at the pubilc hearing [o modlfy the existing garage by
removing and reconstructing a portlon of said garage to altgn the norch wall of che
garage wlth che existing -~rth wall of the dwelling, and to establish a minimum
setback of 5 feet from t existing residence to the new property line separattng the
two proposed lots (the southern lot to have a wldth of approximately 75 feet and the
northern lot to have a width of approximately 54 feet).
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3. That the requested walvers (a) and (b) are hereby granted, In part,
allowing a min(mum lot area of approximately a40Q sauare feet and a minimum lot width
of approxtmately 5~~ feet because revised plans wcre submltted at the publlc hearing
showtng building modifications ~h!~h increased said area and width; and ttwL walvers
(c) and (d) are granted on the basis that de~lal would be dcprtving this property of
privileges being enJoyed by other properties in the same zone and victntty.
4. That there are exceptional or extraordinary ctrcumstances or condltions
applicable to the property involved or to the intended usc, as granted, of the
propcrty that do not apply generally to the property or class of use tn [he same
vicini[y and zanc.
5. That the requested varia~ce, as granted, is necessary for the
preservation and enJoyment of a suhstantial property right possessed by other
property in the same vicinity and zone, and denied to the propcrty in question.
6. That the requested var(ance, as granted, will not be materially
detrimental to the publfc welfare or injurious to the property or improvements in
such viciri[y and zone in which the property is located,
7. That no o~e indicated their presence at sai~ public hearing in
opposition; and tha: no correspondence was received in opposition to the subject
petition.
ENVIROtiMEHTRL IMPACT FINOIt1G: The Planning Dtrector or his au[twrlaed
representat ve has determ ned that the proposed project falls within [he defini[lon
of Ca[egurical Exemptions, Cl~sses 3 and 5. as de`tned in Paraaraph 2 of the City of
Anaheim Environmental Impact Report Guideltn~s and is, therefore, categorically
exempt from :he requirement to prepare an Eik,
IJOW, 7HEREFORE. BE IT RESOLVED that the Anaheim Ci[y Plann(ng Cam?ssion
does hereby grant. in par[, subject Petition for Variance, upon the following
condltlons which are hereby found to be a necessary prerequlsite [o the proposed use
of the subJect property in order to preserve the safety and general welfare of the
Clilzens o4 the Clty of Artahelm:
1. That the oNner(s) of subJect property shall deed to the City of Anaheim
a strip of land 32 feec in width from the centerline of the street along Romneya
Qrive for stree[ widening purposes.
2. That a Lot Line AdJustment shall be fited and approved by the Clty
Engineer and recorded wlth the County Recorder.
3. Tha[ the vehicular access rights to Romneya Drtve shall be dedtcated
to che Ctty of Anahelm.
4. Thac the owner(s) of subject property shall pay the traffic stgnal
assessment fee (Ordinance No. 3$96) amounting to 536,00 per each new dwelling unlt
prtor to the tssuance of a bullding permiY.
5. That subJect property shall be devetoped substan[ially in accordance
with plans and specifications on f(le wlth the City of Anahetm marked Exhlbit Nos. 1
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through 3; provided, however, that the minimum lot area shali be 5400 sq~iare fee[ and
the minlmum iot wtdth shall be fifty-four (54) feet.
6, That Conditton Nos, i, 2 and 3, above-mentioned, shall be complled with
prior to the commencement of the activfty authorized under this resolutTon~ or prior
to the time that the building permit is issued, or wtthin a perlod of one year from
date hereof, whichever occurs first, or such further time as che Planning Cortmfsston
may grant.
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/~ ~- ~ .C FllL.+ ~
SECRETARY~ ANAHEIM CITY PLANp11lG LOMMISSIO~J
7. That Condition No. 5, above-mentioned, shall be complfed wlth prior to
final bullding and zoning inspections.
BE IT FURTI;E~' RESOLVED that the Anaheim City Planning Commission does hereby
find anJ determtnr_ t!+3t adoption of this Resolutlon is expressly predicated upon
appllcant's compilance with each and all of the conditions heretnabove set forth.
Should any such condition. or any part thereof, be declared Tnvalid or unenforceable
by the final j~.+gment of a~y court of competent Jurisdic[ton, then this Resolutfon~
and any approvals hereln contained, shall be deemed null and void,
THE FOREGOtNG RESOLUTION is signed and approved by me Lhls 15th day of
Janu~ry. 197?.
ATTEST: HA MAN, N H C PLANTIING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AHAHEIH )
I. Edith L. Harris, Secretary of the Anahefr+ tiLy P13nning Com ission, do
hereby certify that the foregoing resolutlon was passcd and adopted at a meeting of
the Anaheim City Pianntng Commissfon held on January 15, 1979, at 1;3p p,m,~ by the
foliowing v~[e of the members thereof:
AYES: LONMISSIONERS: BARNE5. BUSHORE. OAVID, HERBST, JOHNSON, KING~ TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~N 411TNESS WFiEREOF~ I have hereunto set my hand this 15th day of January.
1979.
i~, ,~ ~ -,
ac~nc~nrct~ hnqtiElM CITY PLANNING COMMISSION
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