PC 82-137,~. s
RESOLU710tJ N0. PC 32-137
A RESOLUT I O;J OP THE q~AHE I M C I TY PLAtIt~ I FIG COM~1 I SS I O~d
THAT PETITIOIJ FOR VARIAtdCt N0. 32£30 aE GRAtJTCD
WHEREAS, ti~e Anaheim City Planninc~ Commission di~l receive a verified
Petition for Variance from CIIAP,LES RAY AND DARBARA 11t;~! WILEY, 833 South fli lda
Street, Anaheim, California 923U6, owner, of certain real property situated in
the City of Anaheim, County of Orange, State of California described as:
LOT o OF TRACT M0. ;Go3, AS St10W!J Otl A 11AP RF.CORDFD I ~l B001: 208,
PAGES 4~i AND 45 MISCELLANEOUS MAPS, RECORDS OF ORAP1Gf_ COUtJTY,
CAL I FORIdlA.
WfiEREAS, the City Planning Commission did hold a public he~ring at the City
Hali in the City of Anaheim on July 12, 1932, at 1:37 p•m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Ptunicipal 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
Wf1EREA5, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
off~red at said hearing, does find and determine the following facts:
1. Tliat [he petitioner proposes a ti~raiver of the f~llowing to construct a
greenhouse:
SECTION 13,26.oG3.020 - Minimum side yard setback .
(5 feet required; none proposed)
2. That the above-mentioned waiver is hereby granted on the basis that the
petitioner demonstrated tliat a hardship exists due to the size and shape of the
property and the location of the greenhouse relative to surroundings.
3. That there are except+onal or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of tlie 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.
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,
li. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subJect
petition.
ENVIRONMEI~T~1L IMPACT FINDING : The Planning Director or his authorized
rcpresentat~ve has determined tliat the proposcd project falls within the definition
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PC82-137
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of Categorical Exenptions, Cl~ss ~~ as d.fined in thr_ Statc EIP, Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
~~~1~, TNEREFORE~ 3E IT RFSOLVEO that the Anaheim City Planning Commisslon
does fiereby grant subject Petition for 4ariance, upon the folloa~ing 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 !tielfare of the Citizens of the
City of Anaheim:
~. That subject property shal) be developed suhstantially in accordancea
with p)ans and specifications on file with the City of Anaheim marked Exhib~t Nos. 1
througli 5.
2. P1ans shall be submitted to the [3uilding Division showing compliance
with the minimum standards of thc City of Anaheim, including the Uniform Building~
Plumbing, Electrical, Ilousing, Mechanical and Ftre Codes as adopted by the City of
Anaheim. Thc appropriate permits shatl be obtained for any necessary work.
3. That Condition No. 2, above-menttoned~ shall he complied with prior to
the commencement of the activity authorized under this resoiution, or prior to the
time that thc building permit is issued, or within a period of one year from date
hereof, whichever occurs first, cr such further time as [he Plannina Commission may
grant.
~+. That Condition No. 1, above-mentioned, shall t~e comp)ted with prior to
final building and zoning inspectiuns.
BE IT FURTHER RESOLVED that [:~e Anaheim City Planning Commission does hereby
find and determine tfiat adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the condi[tons hereinabove set forth.
Should any suci~ condition, or any part [hereof~ be declared invalid or unenforceable
by the final judqment of any court of competent juris~iction~ thr.n this Resolution,
and any approvals herein contained, shall be deemed null and void,
TfiE FOREGOING RESOLUTIO~~ is signed and approved by me this 12th day of July,
t932.
ATTEST:
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SECRETARY~ AtdAHEIM CITY PLA!dNiN COMMISSIOtI
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STATE OF CALIFORNIA )
COU~JTY OF ORAiJGE ) ss.
CITY OF AtJAHEIM )
~, Edith L. liarris, Secretary of tlie Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Pianning Commission held on July 12, 1~$2, hy the following vote of
the members thereof:
AYES: COf4MISSiONERS: f30UAS, BUSHORE, FRY, HERBST, KI~JG, 19C BURNEY
NOCS: COMMISSIOP~ERS: NOfJE
ABSE~~T: COMMISSIONERS: [3ARFlES
IPJ IJITNESS WhIEREOF, I have hereunto set my hand this 12th day of July, 1982.
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~t~ftETARY, ANAI1EfM CITY PLANNIPJG COtqMISSION
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