PC 83-168~ ,ew
RESOLUTION NO. PC83-168
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR V)1RIANCE NO. 3349 BE GRANTGD
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from DAVID G. AND MARCIA R. FRANZEN, 4805 Garland
Street, Anaheim, California 92&07, owners of certain real property situated in
the City of Anaheim, County of Orange, State of California described as:
LOT 2 OE TRACT N0. 6561, AS SHOWN ON A MAP RECORDED IN BOOK
246, PAGES 43 AND 44 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public heari~g 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 [~funicipal Code, Chapter 18.03,
to hear and consider evidence for and against said pr~posed variance and to
investigate an6 make findings and recommendations in connection therewith; and
~i7HEREAS, said Commission, after due inspectlon, 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 proooses a waiver of the following to
construct a room addition:
SECTION 18.27.062.020 - Maximum lot coveraae
(358 maximum permitted; 44$ proposed)
2. That the above-mentioned waiver is hereby granted on the basis
that the petitionez demonstrated l-hat a hzrdship exists in that there are
special circumstances applicable to the propPrty such as size, shape,
topography, location or surroundings, which do not apply to other identically
zoned properties in the vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in
identical zoning classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to 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 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 w~lfare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
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PC83-16~
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6. That no one indicated the:r presence 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 prcposed project falls
within the definition of Categor.ical 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 oi 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 an~ 2.
2. That prior to final building and zoning inspections, Condition
No. 1, above-mentioned, shall be complied with.
BE IT FURTBER RESOLVED that 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 thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals hereirt
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 19th day of
September, 1983.
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CHAIRMAN~ A EIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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PC83-168
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STATE OF CA',IFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAfiEIM )
I, Edith L. Harris, Secretar,y 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, 1982, by the following vote of the members thereof:
AYES: COMMISSIONERS: AOUAS~ BUSHORE~ FRY~ HERBST~ KING~ LA CLAIRE~
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of
September, 1983.
`~C~.~-~. .s° ~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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