PC 82-204RESOLUTION rro. Pcez-zoa
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMlKZSSION
THAT PETITION FOR VARIANCE NO. 3303 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from JOSEPH AND ELLEN DONNELLY, 815 Modena Street,
Anaheim, California 92801, owner of certain real property situated in the City
of Anaheim, County of Orange, State of California d~scribed as:
LOT 56 TRACT 2296 AS PER MAP RECORDED IN HOOK 63 PAGE 23
OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECOP.DER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on November 1, 1982, at 1:30 p.m., notice
of said public hearinq liaving 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 du~ 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 o£ the followin~ to
construct a 6-foot high block wall and room additien:
(a) SECTIONS 18.04.043.101 - Maximum wall height
and 16.26.064.110 (42 ~nches permitted in front 25 feet;
6 feet proposed at 22 feet)
fb) SECTION 18.26.063.030 - Minimum rear yard setback
(10 feet required; 6 feet proposed)
Z• That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that denial would
deprive subject property of privileges being enjoyed by other properties in
the same zone and vicinity and that the requested waiver (a) is minimal
amounting to z deviance of only 12$ less than the code requirement.
3. That there are exceptional or exti•aordinary circumstances or
conditions applicable to the property involved or ta 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 ~ substantial property right possessed by other property in
tne same vicinity and zone, and denied to the p.roperty in question.
5. That the requested variance will not be materially detrimental
to the public welfare or injurious to the property or improvements in auch
vicinity and zone .i,i which the property is lo~ate4.
#03082
PC82-204
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6. That no one indicated their pre3ence at said public hearing in
opposition; and that no correspondence was received in opposition to 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 5, ds defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
NOW, THEREFOR~, BE IT RESOLVED that the Anaheim ~ity Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisi.te to the
proposed use of the subject property in order to preserve the sa£ety and
general welfare cf 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 ~f Anaheim marked
Exhibit Nos. 1 through 3.
2• That Condition No. 1, above-mentioned, shall be complied with prior
to f.inal building and zoning inspections.
BE IT FURTHER RESOLVED taat the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such condition, or any part ther.eof, be
declared invalid or nnenforceable 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 RES~)LUTION is s3gned and .~ppro~~ed by me th_s Ict day af
November, 1982.
,~.~~~%~~--
`CfiATRMAN, ANAFIEIM CI7' LANNING COMMISSION
A1"'i'EST:
~~ ~ ~~ •i
SECRETARY~ ANAHEIM CITY PLANNING CO!4MISS20N
'2' PC82-204
STATE OF CALIP'ORNIA )
COUNTY OF 7RpNGE ) s8,
CITY OF pNpgEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted 3t a meeting of the Anaheim City Planning Commission held on November
1, 1982, by the following vote of the members there of:
AYES: CGMMISSIONERS: BOUAS, BUSHORE, FRY, KING, LA CLAIRE,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERHSx, MC SURNEY
IN WITNESS WHEREOF, 2 h~•-e hereunto set my hand this lst day of
November, 19g2,
[i~ ~ ,~ ~~ . ~ -
SECRETARY, ANAHErM CITY PLANI~ING COMMISSION
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PC82-204
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