PC 83-203RESOLUTION NO. PC83-203
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VA:3IANCE N0. 3357 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from JOSEPH GANDOLFO, 1316 North Baxter Street, Anaheim,
California 92805, owner, and RONALD NEILSEN, 1641 Sue Circle, Cocona,
California 91720, agent of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
LOT 1 OF TRACT 3381~ IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE~ STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 119,
PAGES 18 AND 19 OF MISCELLANEOUS MAPS~ IN THE OFFICE OF TAg
COUNTY RECORDER OF SAID COUNTY.
the Civic lCenter ~in hthe 1C ty lofnAnaheimmon lOct ber 17 a 19 3ublic hearing at
notice of said public hearing having been dul ' + at 1:30 p,m,~
accordance with the provisions of the Anahe m Mun c pal Code edCha ~aw and in
to hear and consider evidence for and against said ' p`eL 18.03,
investigate and make findings and recommendations in connectionVthe ew th nand~
WEiEREAS, said Commission, after due .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 of the following to
construct a room addition:
(a) SECTION 18.26.063.020 - Minimum side yard setback
(5 feet required; 3.5 f_ e~et existing)
(b) SECTION 18,26.063.030 - Minimum rear vard setback
(10 feet required; 5 feet existing)
Z. That the above-mentioned waivers are hereby granted on the
basis that the petil•ioner demonstcated that a hardsAip exists in that there
are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply Lo other identically
zoned propecties 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 f
conditions applicable to the property involved or to the intended use of the
property khat da not apply generally to the property or class of use in the '
same vicinity and zone. ~
4. That the requested variarce is necessary for the I
and enjoyment of a substantial property right preservation t
the same vicinity and zone, and denied to the possessed by other property in ~
property in question. ;
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PCS3-203 ~
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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 their presence at said public hearing in
opposition; ar.d ;:hat no correspondence was received in opposition to subject
petition.
ENVIR~~NMENTAL IMPACT EZNDING: The Planning Director or his
authori2ed representative has determined that the proposed project falls
within the definition cf Categorical Exemptions, Class ~, as defined in the
State EIR Guidelines and is, thetefore, categorically exempt from the
requirement to prepare an EIR.
NOW, THEREEORE, BE IT RESOLVED that the Anaheim CiL-y Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a nece~sary prerequisite to the
proposed use of the subject property in order to preserve the safety and
general wel;:are of the Citizens of the City of Ana~eim:
1. That plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City oE Anaheim,
including the Uniform Building, Plumbingr Electrical, Housing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 3.
3. That prior to final building and zoning inspections, Condition
No. 2, above-mentioned, shall be complied with.
BE IT FURTHER 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 appcovals herein
contaiaed, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 17th day
of October, 1983.
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CHAIRWOMAN, AIAHEIM CITY PLANNING COMMISSION
ATTEST.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC83-203
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,,,~;',~ STATE OF CALIFORNIA )
:f;'<:; COUNTY OF ORANGE ) ss.
CITY OF ANAFIEIM )
`'' I, Edith L. Harris, Secretary of the Anaheim City Planning
~I'~ Commission, do heceby certify that the focegoing resolution was
;`.' adopted at a meeting of the Anaheim City Planning Commission held ons 0 tober
r;;i 17, 1983, by the following vote of the members thereof:
~%: AYES: COMMISSIONERS: BOUAS~ FRY, HERBST, KING~ LA CLAIRE~
NOES: COMMISSIONERS: NONE
'-sj ABSENT: COMMISSIONERS: BUSHORE~ MC BU?;NEY
!;:
IN WITNESS WHEREOF, I have hereunto set my ha~. this 17th day of
October, 1983.
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;?i SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
-3 PC83-203
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