PC 83-205~ ,,..
RESOLUTION td0. PC83-205
RESOLUTION OF T[iE ANAHETM CITi PLANNIP7G COMMISSION
THAT PETZTION FOR VARIANCE N0. 3359 BE DENIED
WEiEREAS, the Anaheim City Planning Commission did [eceive a ve[ified
Petition for Variance from MAX ROGERS AND JOYCE ROGERS, 5960 East Marsha
Circle, Anaheim, Californi~. 92807, owners, end JOANNF, S. ROCKS, 62U0 East
Canyon Rim Road, Suite 207-C, Anaheim, California 92807, agent of certain real
property situated in the City of Anaheim, County of Orange, State of
Califocnia described as:
LOT 3 OF TRACT N0. 8679~ IN T'dE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA~ AS SHOWN ON MAP REC('RDED Iv
BOOK 353, PAGES 30~ 31, AND 3i OF MISCELLANEOUS MAPS~ IN THE
OFFICE OF THE COUNTY RECOADER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 17, 1983, at 1:30 p,m „
notice of said public hearing having been duly given as ~equired by law and in
accordance with the provisio~s of the Anaheim Municipal Code, Chapter 18.03,
to year and consider evidence for and aaainst said proposed variance and to
investigate and make findings and recommendations in connection therewith; and
WFiEREAS, said Commission, aftec due inspection, investigation and
study made by itselE and i~ its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and det~-mine the
following facts:
1. That the pet:tioner proposes waivers of the following to retain
an outdoor basketball backstop;
SECTION 18.26.063.O1Q - Minimum structucal cetback
(25 feet required in front yard;
0 feet existing)
1.. That the above-mentioned waiver is hereby denied on the basis
that the basketball backstop is designed to swivel out over the public street
fc~r use b~ children in the neighborhood and Section 12.16.010 of the Anaheim
Municipal Code prohibits ball games on pubiic streets anywhere in Anaheim and
an activity of this type would constitute an illegal obstruction of a public
throughfare that it is unsafe for children to play in a public street; and
also on the basis that there are no special circumstance applicable to the
property 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 2oning Code does not deprive the property of
privileges enjoyed by other properties in identical zoninq classification in
the vicinity.
3. That there are no exceptional or extraordinary circumstances or
conditions applicab]e 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.
#0076r
PC83-205
4. That the requested variance is not necessary for the
preservation and enjo•~ment of a substantial propecty right possessed by other
pcoperty in the same vicinity and zone, and denied to the proper'y in que3tion.
5. That the requested varianc~ w911 be materially detrimental to
the public welfare or injurious to the pcoperty or improvements in such
vicinity and zone in which the propecty is located.
6. That one person indicated his 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
:.•ithorized representative has det~rmined that the proposed project falla
within the definition of Categorical Exemptions, Clas~ 3, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from '~he
requiremznt to prepare an EIR.
NOW, 14iEREPORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby deny subject Petitiort for Variance on l•he basis of the
aforementioned findings.
THE FOREGOING RESOLUTION is signed and approved by me this 17th day
of October, 1983.
i
CHAIR OMAN~ EIM CITY PLANNING COMMISSION
ATZEST:
~lLl~ ~ Ti~.C.~r.~.
SECRETARYj ANAfiF,IM CITY PLAH"IZTIG COMMZSSSOfi
STATE OF CALIPORNIA )
COONTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Edith L. Harris, Secretary of the Anaheim City Planninq
Commisslon, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of khe Anaheim City Planning Commission held on October
17, 1983 by the following vote of the members thereof:
AYES: COMMISSIONERS: 90UAS, FRY, HERBST, KING, LA CLAIRE
NO~S: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE, MC BURNEY
IN WITNESS WfiEREOF, t have hereunto set my hand this 17th day of
October, 1983.
- ~a~r.~ ~.~.:
SECRETARY~ ANAH~IM CITY PLANNING COMMISS20N
-2 -
PC83-2G5
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