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PC 83-57~ RESOLUTION NO. PC83-57 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3324 B~ GRANTED WFiEREAS, tr;t ~!.naheiu~ City Planning Commission did receive a verified Petition for Variance from KENNETH J. AN~ SHARON E. THIESMEYER, 412 South Nutwood Street, Anaheim, California 92804, owners of certain real property situated in the City of Anaheim, County o£ Orange, State of California described as: LOT 36 OF TRACT 2577 AS PER MAP P,ECORDLD IN BOOK 7i PAGES 20 AND 21 INCLUSIV~ OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commi.ssion did hold a public hearing at the City Hall in the City of Anaheim on March 7, 1983, at 1:30 p.m., notice of said public hearing having been duly givea 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 and recommendations in connection therewith; and WHEREAS, said Commission, a£ter due inspection, investigation and study made by itself and in its Uehalf, and after due consideration of all evidence and reports offered at said hearing, does fir_d and determir.e the following facts: 1. That the petitioner proposes waivers of the fullowing to construct a room addition: SECTION 18.26.063.~10 - Minimum front yard setback (25 feet required; 10 feet 3 inches proposed) 2• That the above-mentioned waivers are hereby qranted on the basis that the petitioner demonstrated that a hardship e:cists in that subject property is a reverse corner lot with the residence £ronting onto and taking access from Tedmar Av2nue the "side" street, and that denial would deprive subject property of a privilege enjoyed by other properties in the same zone and 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 applZ~ 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 riaht possessed by other property in the same vicinity and zone, and denied to the property in question. 5. 'Phat 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. #05262 PC83-57 6• That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in oppositior. to subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or 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 ±he requirement to prepare a.n EIR. NOW, THEREFORE, gE IT RESOLV~D that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon ihe following conditions which are hereby found to be a necessary nrerequisite to the proposed use of 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 through 3. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determi.ne 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 declare3 invalid or unen£orceable by the final judgment of an~• 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 7th day of March, 1983. ~ HAIRMAN, ANAHg2 CITY p ING COMMISSION ATTEST: n , , -~~ (!J ~c,~ ,~, ~~tn~..i SECRETARY, ANAHEIM CITY PLA1v17ING COMMISSION STATE OF CAI,IFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anah2im City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting ~f the Anaheim City Planning Commissior held on March 7, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: HO[1AS, HUSHORE, FRY, HERBST, KING, LA CLAIR~.', MC HURNEY NO~S: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS [~HEREOF, I have hereui:tu set my hand this 7th day of blarch, 1983. ~~.~.~-1 .~ ~~ ~ • SECRETARY, ANAHEIM CITY PLANNING COP4dISS20N -2 PC83-57 tiAif ~ y ~^ _.r P