PC 80-114RESOLUTION hQ, PC 30-11h
A RESOLUTIOtJ OF THE AtJANE I I1 C ITY PL.AMN IlJG CO!1M ISS I O~l
TNAT PETITIOt~ FOft V/',RIANCE N0. 31~7 BE GR/111TED
Petition fo'r4VarianceefromaTERRA~~CEtYA.P,5TP,0U5E CAmDiSHARY Di~ STRnUSEe 842erSouth
Halliday 5'_,-eet, Anaheim~ California 92804, ormers of certain real property situatccl
in the City of Anaheim, County of Orange~ State of California described as;
Lot 117 of Tract No, 3823, in [he Ctty of Anaheim, as per map
recorded in book 203~ pages 21 to 23 inclusive, liiscellaneous
Ptaps, in the office of the county recorder of said county.
WNEZEAS, the City Planning Commission did hold a puh)ic hearing at the City
Hall in the City of Anahein on July 14, 1980~ at 1:30 p,m,~ notice of said public
hearing having been duly gtven as required h.y laa, and in accordance with the
provisions of the Anaheim Municipal Code, Chapter iR,n3. to hear and consider
evTdence for and against said proposed variance and to investfgate and make findings
and recommendatlons in connection therewith; and
WNEREAS~ said Cor.mission, after du~ inspection~ Investigation and study made
by ftself and in its behalf, and after due consideration of all evidence and reports
offered at said heartna, does find and deterr~ine the following facts:
1. That the pe*itioner proposes a waiver of the foilowino to construct a
fence:
SECTION 13.04.O~E3.102 - Maximum fence heioht.
(42 inches permitted;
e~ et proposed)
2. T!iat the above-mentioned r~aiver ts herehy granted on the basis that the
petttioner demonstrated that a hardshlp exists Jn tha[ suhiect property is a
reversed-corner lot and is irregularly shaped, '
3. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the pruperty that do
not apply generally to the property or class of use in the same vicini*_y and zone.
4, 7hat the requested variance is necessary for the preservation and
enJoyment <~f a substanttal property right possessed hy other pr~perty in the same
vicinity and zone~ and denied to the property in question.
5. That the requested variance will not he matcrfally Jetrlmental to the
public welf'are or fnJurtous to the property or Impr~vements tn such vlcinity and ~one
in which the property ts located.
6. That no une tndicated thetr presence at sald puhlic hearine in
opposttion; and that no correspondence was recetved (n opposition to the subject
petition.
PcBo-1t4
ENVlRONME~~Tlil INPACT FI~JDIH;: The °lanninn Dlrector ~r his authorized
representative has determ ne that the proposed project falls ~•,ithin the definitton
of Categorical Exemptio~s, Class 3, as deflncd ii Paraaraph 2 of the Ctty of Anaheim
Environmental Impact P,eport Guidelines and is, thprefore, cateocrically exempt frcxn
the requiremen[ to orepare an EIR.
FIO~d, THEREFORE, EE IT RES~LVEO that the R~a1~eiT City Planninq Cammissltxi
does hereby grant subject Petition for Variance, uoon the follav,inG condi;tons which
are hereby found to be a necessary prerequisite to the pr~aos~d use of the subJec[
property (n urder to preserve the safety and aeneril welfare of the Citize~~ of the
City of anaheim:
1. That subject property shall he develo~ed suhstan[ially in accordance
with plans and specifications on file ~•~ith the Li[y of Anaheto narked Exhihit "los. 1
and 2.
BE IT FURTHER RESOLVED [hat the Anahetm City Planning Com~ission does hereby
find and determine that adoption of this ResolutTon is exnressly predicated upon
applicant's compliance with each and all of the conditions herpinabove set forth.
Shossld any such condi[Ior,, or an; Fart [hercof, ~c :'cclzs~~ i^:•~tta cr :sze-farceable
by the final Judgment of any court of conpeten* jurisdictio~. then this Fcesolution.
and any approvals herein contai~ed~ shall he ~ieerPd null ar.J v~id.
i980.
THE FOREGOI~JG RESOLUTI01~ is si^n_d and a~oroved Fy ~e this iLrh day of Julv,
~~ >
~y~Q~ ~ :~ `" ~' Gt a~n.i ~
CHAIRk'OMA~~~ <,~~41;EIM CtTY PLANIJI~1~ COMMISS~ON
ATTEST:
`(~,"cQ. ~ ,~ 7~t,.u.
~ECRETARY, t7AHE M CIfiY LANN1~lG COM'115510'1
STATE OF CALIFQRNIA )
COUNTY OF ORANGE ) ss,
C ITY OF A~lAHE I N )
I, Edith L. Harris. Secretary of the Anahelm Cicy Plannino Commtssion. do
hereby certlfy that the foregolna resolution was passed and adepted at a mecting of
the Anaheim City Planntng Commisslon held on Julv t4. 1A80, hy the folla~ing vote of
the mambers [hereof:
AYES: COMMISSIONERS: BARNES, BUSIIORE~ FRY~ K111G, T(1LAR
NOES: COMHISSIOHERS: NONE
Af3SENT: COMM IS~ IOt~ERS: t1ERB5T
VACANCY: ONE SEAT
IN WI'NESS WHEREOF~ I have hcreu~to se[ my hand this lj~th d~ of July~ 19RQ,
~
~~ ~~ 7~x~~,
3ECRETAR ~ -l7~H~M ~TF~LAt3FITN~ MM~TS~~TOA
-2- PCAO-114