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PC 80-58RESOLUTION NO. PC 80 -58 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3140 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from ROCK K. BRADFORD AND LINDA M. BRADFORD, 1005 West Sycamore Street, Anaheim, California 92805, owners, and HARK J. HEPP, SR., 1111 East Commonwealth, Suite "E ", Fullerton, California 92631, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California described as: Lot 22 of Tract No. 1119 as per map thereof recorded in Book 35, Page 47 of Miscellaneous Maps in the office of the Recorder of said County. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on March 24, 1980, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following to construct a room and garage addition: (a) SECTION 18.26.064.020 - Minimum sideyard setback. (5 feet required; 2 and 2 - 1/2 feet proposed) (b) SECTION 18.26.063.030 - Minimum rearyard setback. (10 feet required; 5 feet proposed) 2. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardship exists in that the proposed expansion will have no adverse impact on the adjacent property owner and the surrounding neighborhood. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. PC80 -58 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That one person indicated their interest at said public hearing; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized . representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 2. Plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 24th day of March, 1980. ATTEST: cad idaAitzv SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN PRO TEMPORE ANAHEIM CITY PLANNING COMMISSION -2- PC80 -58 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 24, 19130, at 1:30 p.m.,by the following vote of the members thereof: AYES: COMMISSIONERS: BIISIIORE, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARNES IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of March, 1980. '( SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC80 -58