PC 83-226T.
RESOLUTIOid N0. P~83-226
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAm pETITION FOR VARIANCE NO. 3364 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from PHILLIP ALAN TUTTLE AND KAREN RAE TUTTLE, 2633 East
Strong Place, Anaheim, California 92806, owners of certain real property
situated in the City of Anaheim, County of Orange, State of California
described as:
LOT 68 OF TRACT N0. 4030 AS PER MAP THEREOF RECORDED IN BOOK
150~ PAGES 48 TO 50 OF MISCELLANEOUS MAPS~ RECORDS OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on November 28, 1983, at 1:30 p.m.,
notice of said public hearinq 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 findings anC recommendations in connection therewith; and
WHEREAS, 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 a waiver of the following to
construct a room addition.
SECTION 18.26.063.030 - Minimum rear vard setback
(10 feet required; 5 feet proposed)
2. That the requested waiver is hereby granted subject to the
petitioner's stipulation at the public hearing that no construction shall
encroach into the six (6) foot wide public utility easement on the northerly
ptoperty line.
3. That the above-mentioned waivec is hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that there are
special circumstances appliceble 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 Zoning
Code deprives the property of privileges enjoyed by other properties in the
same zaning classification in the vicinity.
4. 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 app~y generally to the property or class of ase in the
same vicinity and 2one.
5, That the requested variance is necessary for the preservation
and enjoyment oE a substantial property riqht possessed by other property in
the same vicinity and zone, and denied to the property in question.
#0098r pC83-226
6. 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.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was ceceived in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: The Planning Director o~ his
authorized representative has determined that the proposed project falls
within the definition of Categorical Exemptions, Class 5, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
NOW, THEREFORE, 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 Ansheim:
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; provided, however, that no consttuction
(including eaves and footings) shall encroach into the six (6) foot
wide publia utility easement on the northern property line.
2. That prior to final building and zoning inspections, Condition
No. 1, above-mentioned, shall be complied with.
BE IT EURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expres~ly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such cond=tion, 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 28th day
of November, 1983.
u~L` u% ) ~Z"~-r~~.
CHAIRWOMAN, A~1 EIM CITY PLANNING COMMISSION
ATTEST:
L'~ O~ ' L~Ul~i~c.
SECRETARY~ ANAHEIM CITY 2LANNING COMMISSION
-2- PC83-226
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Sg,
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 November
28, 1983, by the foilowing vote of the members thereof:
AYES: COMMISSIONEP,S: BOUAS~ BUSHORE~ FRY~ HERBST, KING~ LA CLAIRE~
NOES: COMMISSIONERS: NONE
ABSENT; COMMISSIONERS: MC BURNEY
IN WITNESS i~HEREOF, I have hereunto set my hand this 28th day of
No~•ember, 1983.
~~~~ ~~ ~~~ ~ .
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3-
PC83-226