PC 81-16,.-._
RESOLUTION W0, PC81-i(•
A RESOLUTION OF THE ANAHEIM CITY PLANP!iNG C~H!115SIOM
THAT PETITI01! FOR VARIArlCE N0. 31p7 BE GRI1tITED
WHEREAS~ the Anaheim City Planning Commission did reccive a verifled
Petition for Variance from PNILIP TRUPIA~JO~ ET AL, 1124 lJest La Entrada Circle~
Anaheim, Calif ornta g28~t, oamers of c~rtain real property situated in the City of
Anaheim, County of Orange~ State of California~ described as:
That portion of Lots 15 and 1(- of Tract No. 14(,0, as per m~p
recorded in Book 1~6, Pages 2 and 3 of Haps~ in the office of the
County Recorder of Orange County as Follows: Parcel 1 of Parcel
Maps recorded in Book 59, Page 47 of Parcel Maps, In the offlce of
the County Recorder of said CountY.
WHEREAS, the City Planning Commission did hold a puhlic hearing at the Civic
Center tn the City of Anaheim on January 17., 1431~ at 1:30 p.m,, notice of sald
pubiic hearing havtng been duly given as requtred by la~•~ and in accordancr. witii the
provtsions of the Anaheim Municipal C~de~ Chapter iR,~3~ tn hear and c~nsider
evidence for and against said proposed viriance and to investiqate and make findings
and recommendattons fn connection there~•~fth; and
WHEREAS~ said Commission, after due inspectlon, investiaatlon and study made
by itself and in its behalf, and after due consideratlon of ill evidence and reports
offered at said hearing, does find and dc~ermine the follaylnn fi~Yt:
1, That the petitioner proposes a~•iatver of tlie felloaiin~ tn construct a
room addition: ~
SECTION 13.2>.063,(13n - ~1inlmum rear yard setb~ck.
2~ eet reautred;
~feet prnnosed)
2. That the above-mentioneci waiver is hcreby granted on ttie basls that the
pe[It'~~ner demonstrated that a hardshi~ exists due to the frregulnr shapc of the
property.
3. That there are er,cepttonal or extraordln~rv circumstances or condition~
applicible to the pr~perty tnvolved or to the intended use of the property that do
not apply generally to the property or class of use in the sanc vicEnity and zone.
4, That th~ requested variance is necessarv for the pre~r.rvation and
enJoyment of a substantial property riqht possessed hy ~ther preperty in the same
vtcinity anJ zone~ and donled to the property (n qucstlon.
5. That the reauested varfancc witl n~t he mAteriAliy ~ir.trimental to the
public rrelfare or tnjurious t~ the propertY or imnr~+vemen[s in such vtctnlty and zone
In which the pro~erty is lncated,
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6. That no one indicated their presence at said public hearing in
oppositlon; and that no correspondence ~~as received in opposition to the subJect
petition.
E~lVIRQ~IMENTAL IMPACT FIMDING: The Plannina ~irector or his authortzed
representat ve as determ ned that the proposed project falls o-~ithin the definttion
of Categorical Exemptions~ Class 3, as defined in Para~raph '.'. of the City of Anaheim
Envtronmentai Impact Report Guidelines and is, theref~re, categortc~)ly exempt from
the requirement to prepare an EIR.
NOW~ THEREFORE, BE IT RESOLVED that the /lnaheim CitY Planning Commission
does hereby grant suhJect Petition f~r Variance, uoon the follrnving condttions which
are hereby found to be a necessary prerequisite to the prqposed use of the subJect
property in order to preserve the safety and general ~•~elfare of the Citizens of the
Cfty of Anaheim:
i. That subJect property shall be developed substantially in accordance
wit•~ pl.;ns and specificatlons on file ~•+ith the Clty of Anaheim marked Exhlbtt No. 1.
BE IT fURTIiER RE50LVEQ that the Anahetm City Planninn Commission does hereby
find and determine that adoption of this Resolution is expressly predfcated upon
applicant's ccxnpliancc with each anci all oF the conditions hereinabove set forth.
Should any such condTtion, or any t'art thereof, be dPClared ~nv~lirl or unertforceable
by the final Jud,qment of any cor:~•t of canpetent jurisdictton, then this Resolution,
and any appro~als herein contained, shall be deemcd null and void.
TfiE FOREGQi!IG RESOLUTIOF! is siqned and approved by me [hts 12th dAy of
January~ 1981.
7
~ M~I, M H. M NN tlf, COMN S N
:,~ ~rsT:
~~ ~ ~
CRE AR ~ tAH CI LANN NG OM11 1 N
STATE OF CALIFORtIIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edlth L. Harrls~ Secretary of the Anaheim City Planntna Conmiiss~on, c~o
hereby ccrttfy th~t :he foregoing resolution was passed and adopted at a meetinc~ af
the Anahelm City Pianning Cortmission held on January 1?. iQ`~1~ bv the following vote
of the membe~s thereof:
AYES: COMMISSIONERS: BOUAS, BlI51i0RE. FRY~ Y.INr,~ T~LAR
NOES: COMMISSIO-lERS: NONE
ABSENT: CfIMMI5510NER5: BARNES~ HERBST
19$1.
Itl WIT~IESS NNEREOF, 1 hav~ hereunt~ s~t my hnnd t!~is 12th day of January,
~• .
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-2- PC81-16
RfS(1LUTIOt! :'~r. PC~iI-1~
Fl RESOLUTI0~1 Of THE AP!AHEI'•1 CITY PL4tJF'I~i~ C~~1~415~In!~
TNAT PFTITIO!! F~R VAR1.4tICE H0. 31'7 DF GR~.t1TE9
WHERE/1S, the Anaheim City Planninn Commission dicl recrivr~ a verified
Petition for Variance from PHILIP TRUPIA110, ET AL., 117_h l~/est La Entrada Circle,
Anaheim, California 92,~1, oi-mers of crrtain real property situated in the City of
Anaheim, Courty of Orange, State ot' California, descrihed ~s:
That portion of Lots 15 and 1F o` Tract No. 1f~/•~, as per m~p
recorded in l3ooN 4F, Pa~es Z and 3 of !1aps, in the ~ffice of the
County Recarder of Orange County as Foilo~•rs: Parcel 1 of Parcel
~1aps recorded in Bool< 59, Page 47 of Parcel Maps, in the office of
the County Recorder of said County
b/HEREAS, the City Planning Commission did hold a puhlic hearina at the f.ivic
Center in the City of Anaheim on January 17, t^31, at 1:3n o.m,, notice of sai~
public hearing having been duly given as renuired by la~•~ an~i in accor~iance with the
provisions of the Anaheim Munici~al Code, Chapter i".n3, ~~ hear 3nd consider
evidence for and agair,st said pr~posed variance and to investinate and na~e findinqs
and recommendations in connection thereo~fth; and
41HERFAS, said Commission, after due inspection, investinati~n ar,d study made
by itself and in its hehalf, ~nd after due considerarion of all evi~l~nce and reoorts
offered at said hearing, does find and deterr~inc~ the follo~•rinn facts:
1, That the petitioner nrnpo,es a~•raiver of the follo!•iinc tn construct a
room addition:
SECTIQI•! 1'.7_5.l?63.~3~ -'?inimum rear yar~ setb~ck.
7!1 teet reauired;
~ feet ~rnposed)
?.. That the above-mentione~i ~,•raiver is herehy grante~! on t~+e basis that the
petitione~ demonstrated that a hardshi~ exists due to the irregul~r shapr~ oF the
property.
3. That there are er,ceptional or extraordinary circumstances or condttions
applicabie to the property involved or to the intended use of the property that do
not apply generall~~ to the pro~erty or class of use in the sar~e vicinity and zone.
!~. That thu requested variance is necessarv fnr the preservation and
~njoyment of a substantial property right poscessed hy nther ~reperty in the same
vicinity and zone, and denied to the property in nuestion.
S. That the rectuested variance ~~il~ not be materTally ~i~triment~l to thr_
(~uhlic i•~elfarc or injurious to tl~e pr~nert~~ or imnr~v-rments in s;ich vicin~`y a~iri zone
in ~•~hich the pro~erty is l~cated.
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6. That nn one in~iicated tiif°ir presence at said nublic heariny ln
opposition; and that no cnrrespondence v~as received in o~n~siti~n to the suhjeet
petition.
ENVI°f1HMFP!TAL IHPACT FitIDIIdG: The Plannina Director or his authorized
representative has deterninr-d that the prooosed pr~ject falis L~~ithin the definition
of Categorical Exemptlons, Class ;, as dr.fined in Paragraph '' of the City of Anaheim
Environmer,tal Impact Renorr Guid~lines and is, therefore, cate~~oric~)ly exempt from
the requirement to prepare an EIR,
PJOId, THEREF~RE, 3E IT RfSOLVED that the ~naheim City Planninq Commission
c~oes hereby grant suhject Petition fnr Variance, unon the follo~•tinc~ conditions ~~hich
are hereby found to be a necr_ssary prerequisite to the pr~~osed use of the sut~ject
property in order to preserve the safety and neneral ~-ielfare of the C~tizens of the
City of Anahr.in:
i. That subject property shall be developed suhstantially in accordance
~-~ith plans and specifications on file r~ith the City of ilnaheir~ marked Exhibit No. 1.
BE IT FURTfiER RESOLV[D that the Anaheim City Planninn Commission does hereby
find and determine that adopti~n of this Resoluti~n is expressly predicated upon
applicant's cnmpliancc t•~ith coch ~nd all of thc conditinns hcreinahove set forth.
Sho~ild any such condition, or any part there~f, be dPClared 'nvali~? or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals he~ein contain~d, shall be deemed null and void.
Tf?E FOP,~~OIWG RESOf_UTIOP! is signed and approve~l by me this 1?_th day of
January, 1981.
1~~ ~ ~i~..
Ch!A R!1~.H, A61AHF I M c i r ~nr~~~ ~~ir, r,n~+~+ i ss i nr~
ATTEST:
~~ ~ ~~
SECRETARY, ANAHEIM CITY PLANPIING C~MF115SIO~i
STATE OF CALIFORtIiA )
COUN7Y OF ORANr,E ) ss.
CITY OF A~dl1HEiM )
I, Edith L. Ilarris, Secretary of the Anaheim City Plannin~ Commission, c'o
herehy certify that ~he fore9oing resolution W~S p~ssed and adopte~l at a meeting of
the Anaheim City Planning Commission held on January 17, t~Zi, by the followin9 ~~ote
of the memhers the~eof:
RYES: CQH~diSSIONERS: BOUF15, E~USHOR[~ FRY, Kirlr,, T^L4t'
~~OES: COM!11SSIO~IERS: tJO~JE
ABSEiJ7: COMMISSIOPICP.S: f3ARMES, HE?RST
19is 1
it; IJITPIESS ~lHERE~F, ~ havc hereunto set my hand tnis 12th day of January,
G~-~s, iC • .
3`~c ~, i ~T~ ~'i1'~'~'~ i r~ Qcor+- .~s iori
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