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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 ~,-- , . .