PC 82-64RESOLUT 10!~ IJO. PC 82-6~~
A R[SOLUTIOW OF THE At•lAHEIM CITY PLAUtIi!JG C~MN~ISSION
TIIAT PFTITIOtd FOR V/1RIAtlCE ?J0. 32G0 4E GRAIIT~~
WNEREAS, the Anaheim City Planning Comnission di~i receive a verified
Petition for Vartance From KEITII H. A'ID E!?~~A IJCOLSTAD, 252 South Le~ndro Street,
Anahr.irn, California y23~7, owner~ of certain real property situatr_d in the City
of Analieim, County of Orange, Stitr_ of Calif~rnia clescriheri 35:
LOT 30 OF TRACT 7003 AS PER MAP RFCORDED Itd 4~O;C 30'), PAGFS ?A A!•1D
?~ OF MISCELLANEOUS t111PS, I;J TIIE OFFICE OF THE COUN?Y RECORf1ER OF
SA I D COU~JTY.
4lHEREAS, the City Planning Commission did hol~i a oublic hearing at the City
Hall in tlie City of Anaheim on April ~, 1'~32 at 1:3'1 p.m., notice of saiA publtc
hearing having been duly given as required hy lati~~ an~i in accordance tiaith the
provisions of the Anaheim Mun':ipal Code, Chanter i'i.'?3, to hear anri c~nsider
evidence for and aqainst said propose~i variance and to investioate and make firdings
and recommendations in connection th~rewith; and
WHEREAS, said Commission. after duc inspection, invrstigati~n and study made
by itself anu in its behalf, and after dur consirieration of all evidence and reports
offered at said licaring, does find ancl detrrmine the followinn facts:
1. That the petition~r proposes waivers of thn following: to ennstruct a
6-foot liigh block wall anJ r~om addition:
(a) SECTIOW 1~3.04.043.101 - tlaximum fence heights
and 13,2u.064.110 - 2 inches permitted in front setback;
G fcet proposed)
(b) SECTIOFI 13.26.OG3.~20 - Minimum side vard seth~cE:
12 ft. ~ inches permitted; i2 feet
(proposed
2. That the abave-mentioned aiaiver (a) is hereby granted on the basis that
the petitioner demonstrated that a hardship exists in that subject property ts a
reversed corner lot and due to that special circumstance,strict application of the
Zoning Code deprives the property of a prtvilege enJoyed by other properties under
identical zoning classification in the vicini~y; and on tfie basis that the wall will
not abstruct vehicular lines-of-sight.
3. That the above-mentioned waiver (b) is hereby granted ort the basis that
the request is minimal amounting to less than a S~ deviance from Code.
4. That there are exceptional or extraordinary circumstanc~s or condittons
applicablc to tlie property involved or to the int~nded use of the property that da
not apply generaliy to the property or class of use in the same vicinity and zone.
5. Tnat the requested variance is ~ecessary for the preservation and
enjoyment of a substantiai property right possessed by other property in the same
vicinity and zone, and denied to tf~e property in question.
PC82-64
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b. That the requested varianc~ a~ill not be mater;ally detrimentai to the
public ~aeifare or injurious to the pro~erty or improvem~nts in such vicinity and zone
in which the property is located,
7. That no one indicated thr_ir presence at sai~! puhlic hearing in
opposition; and that no correspondence ~yas received in opposition to the subjeet
petition.
E~dVIR0Ut4E~JTAL I!iPACT FI"IDING: The Planning Direct~r or his authorized
representative has determinc~ tliat tlir_ proposed proJect falls within the definition
of Categorical Exemptions, Class 5, as defined in the State EIR Guidelines and is~
ther~:fore, categorically exempt from the requirement to prepare an EIR.
t~OW, TNEREFORE, BE IT RL•SOLV[D that tt~e Anaheim City Planning Cor~imission
does hereby grant subject Petition for Variance, upon the folla~ring conditions which
are liereby found to be a necessary prerequisite to the prnposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. Tliat subject property shall be developed, precisely in accordance with plans
anJ speeifica[ions on file ioith thr_ City of Anaheim marked Exhibit Nos. 1
and 2.
2. That Condition tJo. 1, above-mentioned~ shall be complicd with prior to final
buildinq and zonin9 inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicar~t's comhliance ivith each and all of tiie conditions hereinabove set forth.
Should any such eondition, or any part thr_rcof, be d~clared inv~)t~1 or unenforccablc
by the finsl judgment of any court of competent jurisdiction, then this Resolution~
and any appruvals herein contained, shall be de~med null and void.
TtIE FOREGO(T!G RESOLUTlON is signed and approved by me this 5th day of .4pri1,
1982.
ATT ST•
9~ ~.
CNAI Rt1AN, AFIANE 1 M C I TY PLANt91 IJG CQMM I SS I ON
E~~ ,~ ~~:
SE~RETARY, ANAHEIM CITY PLA'INING COMMISSION
-z- Pca2-64
~
STATE OF CALIFORNIA )
COUhJTY OF ORA~IGE ) ss.
C I TY OF A'JAfiF I11 )
~, Edit~i L. Narris, Secretary of the Anahe(r~ City Planning Commission, do
hereby certify that the foregoing resolution was p3sse~l and ad~pted at a meeting of
the Anaheim City Planning Commission held on April y, 1932, by thr_ following vote of
the members thereof:
AYES: COt~t11SSI0tJER~: DARt•1[S, a0Ul~S, BUSHOR[, FRY, HERBST, KIPIr,, MC BURNEY
PlOES: COMHISSIOI~ERS: t~Ot•lE
ABS ENT: CONM I SS I O~~ERS: NOI~E
IN WITh~ESS WIIEREOF, I I~ave hereunto set my liand this 5th day of Apri1, 1982,
h 6L! .}'~ ~ /~.~ .~;
SECZETARY, AtJAHEIM CI7Y PLAIJNIMG CONHISSION
-3- PC32-G4