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PC 83-8~^.! ~.,~~'}•"'r . ' ~'. . .. . . . '~~.....~..... ~ ~! ''I RESOLUTION NO. PC83-8 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3315 BE GRANI'~D WH~REAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from WILLIAM P. & MARGARET JEAN LE VECKE, 700 North Helena Street, Anaheim, California S2805, owners of certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOTS 13 AND 14 OF TRACT N0. 1070, AS SHOWN THERECN RECORDED IN BOOK 34, PAGE 36 OF MISCEI.LHNEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Coimnission did hold a public hearing at the City Hall in the City of Anaheim on January 10, 1983, at 1:30 p.m., notice of said public hearing having been duly aiven 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, 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 f~llowing £acts: 1. That the petitioner proposes waivers of the following to construct an addition to a single-family residence: {a) SECTION 18.25.030.010 - Permitted type of accessory livinq quarters (detached servant's quarters on one acre lot permitted; attached servant's quarters on 0.38 acre lot proposed) (b) SECTION 18.25.G63.020 - Minimum side yard setback (10 feet required; 5 feet proposed) (c) SECTION 18.25.063.030 - Minimum rear yard setback (25 feet required; 0 to 8 feet proposed) 2. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardship exists in that denial would deprive subject property of privi.leges 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 apply 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 right possessed by other property in the same vicinity and zone, and denied to the property in question. #0419I PC83-8 ,-, 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the propertp or improvements in such vicinity and zone in which the property is located. G. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: It was noted the Planning Director or his authorized representative has determined that the proposed project falls within the definitior, of Categorical Exemptions, Class 5, as defined in the State EIR Guidelines and is, therefore, cateyorically exempt from the requiremenL to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the folZowing 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 oE the City of Araaheim: 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 7. 2• That Condition No. 1, above-mentioned, shall be complied with prior to final building and zoning inspections. HE IT FtJRTHER 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 ~~ndition, or an1 part thereof, be declared invalid or unenforceable by the final judgment of anp court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING REgOLUTION is signed and approved by me this lOth day of January, 1983. ~ H N, `N IM CITY P ING COMMISSION ATTEST: ~,~1~ ,~° ~~A.~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -Z- PC83-8 y. i ~ "~, /" ' STATG OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY Oc' ANAHEIM ) I, Edith L. Harris, Secretary of the Anahei.m City Planning Commission, do hereby certify that the foregoing rasolution was passed and adopted at a meetinq of the Anaheim City Planning Commission held on Jaauary 10, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHOR~, FRY, HERBST, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: CONAi2SSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this lOth day of January, 1983. ~~ ~°~ ~~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC93-2 ~-._..,.. . . . , . .. . . .,., _.: _._ a,...., - . . . . .. .. ..