PC 83-167_ ., :..,.; . . . , .. . . ... . _. _ _ . . . .:; ,-t .r.v,.~~~
RESOLUTION N0. PC83-167
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARTANCE NO. 3348 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from LINDA H. PRESSEL, 4643 East Greenwood Drive,
Anaheim, California 92807, owner of certain real property situated in the City
of Anaheim, County of Orange, State of California described as:
LOT 24 OF TRACT 5988 RECORDED IN BOOK 224~ PAGES 4~ 9~ AND
50 OF MISCELLANfiOUS MAPS IN THE ORANGE COUNTY itECORDERS
OFFiCE.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on September 19, 1983, 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 findin9s and recommendations i.n connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of al].
evidence and reports offered at said hearing, does find and determine the
following facts:
1. Petitioner requests a waiver of the following to construct a
room addition:
SECTION 18.27.062.020 - Maximum lot coverage
(35~ permitted; 51.7$ proposed)
2. That the above-mentioned waiver is hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that there are
special circumstances applicable to the property such as size, shape,
topography, location or surroundinqs, which do not apply to other identically
zoned properties in the vicinity; and that strict application of the Zoning
Code deprives the property of pri~~ileges enjoyed by other properties in the
same zone and vicinity.
3. That there are exceptional or extraordinary circumstances or
conditions applicable ko the property involved or to the intended use of the
property that do not apply yenerally to the property or class of use in the
same vicinity and zone.
9. That the requested variance is necessary for the preservation
and enjoyment of a substantia.l property rignt 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.
6. That no one indicated theic presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
#0042r PC83-167
--~ ,-°~
ENVZRONMENTAL IMPACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls
within the definition of Cate9orical Exemptions, Class 5, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
NOW, THEREEORE, 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 and 2.
2. That prior to final building and zoning inspections, Condition
No. 1, above-mentioned, shall be complied with.
BE IT FORTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption o£ this Resolution is expressly
predicated upon anplicant's compliance with each and all of the conditions
hereinabove set forth. Should any such 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 19th day of
Septembec, 1983.
~~ ~ ~~
CHAIRMAN, HEIM CITY PLANNI~IG COMMISSION
ATTEST:
`~~ .~.° %~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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 September 19, 1983, by
the followin9 vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HERBST~ KING, LA CLAIRE~
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MC BURNBY
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of
September, 1983.
0 c4~ ~ l~~t~u~_
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
-2- PC83-167