PC 85-160~°."~ r~'~'' ~
RESOLUTION N0. PC85-160
A RE;SOLUTION 0~ THE ANAHEIM CITY PLANNING COMMISSION
T.HAT PETITION FOR VARIANCE N0. 3489 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a vecified
Petition for Variance from MARY R. fiIRK, 623 South Emily Street, Anaheim,
California 92805, owner, and B06 LISKEY, 10802 Jean Street, Anaheim,
California 92804, agent foc certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
LOT 13, BLOCK "B" fN 1xACT #373, AS PER MAP RECORDED IN B09K
15, PAGE 49 OF MISCELLA'dEOUS [~IAPS~ IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civi~ Center in the City of Anaheim on June 24, 1985, at 1:30 p.m., notice
of said public hearing having been duly given as requiced by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and ag~sinst said pr~posed 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
following Eacts:
1. That the petitioner proposes waivers of the following to
coristruct an attached addition to a single-family residence:
(a) SECiION 18.2b.062.021 - Maximum reac yard coverage,
(358 permitted; 52.38 pcoposed)
(b) SECTION 18.26.063.020 - Diinimum side vatd setback.
(5 feet required; 3 feet to 4 feet 6 inches
esisting and prcpo~ed)
(c) SECTION 18.26.063.030 - Minimum cear vard setback.
(10 feet tequired; 5 feet 6 inches proposed)
2. That the above-mentioned waivers are he[eby granted on the basis
that there ace special circumstances applicable to the property such as size,
shape, topography, location and surroundings which do not apply to other
identically zoned pcoperty in the same vicinity; and that strict application of
the Zoning Code deprives the property of privileges enjoyed by other pr.operties
in the i.dentical zone and classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or
conditiuns 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.
0563r PC85-160
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4. That the requested variance is necessary for the preservation and
enjoyment of a subetantial property right possessed by othec property in the
same vicinity and zone, and denied to the property in question.
5• That the r=quested variance will not be materially detrimenta.l to
the public welfare or injurious to the praperty or improvements in such vicinity
and zone in which the propecty is located.
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6. That no one indicated their presence at said public hearing in
opposition; and L-hat no correspondence was received in opposition to subject
petition.
ENVIRONMEtJTAL IMPACT FZNDING: That the Anaheim City Planniny
Commission has reviewed the proposal to construct an attached addition to a
single-family residence with waivers of maximum rear yard coverage, minimum side
' yard setback and minimum reaz yard setback on a rectangularly-shaped parcel of
land consisting of approximatel}~ 5,564 square feet, having a frontage of
approximately 52 feet on the west side of Emily Street, and further described as
623 South Emily Street; and does hereby approve L-he Neyative Declaration upon
:~ finding that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the
` basis of the initial study and any comments received that there is ^o
suustantial evidence that the project will have a significant effect on the
environment.
NOW, TEIEREFORE, BE IT RESOLVED that the Anaheim City Planna.ng
Commission does hereby grant subject Yetition for Variance, upon the following
conditions which are hereby found to be a ner.essary prerequisite to the proposed
use of the subject praperty in order to preserve the safetv and general welfare
of the Citize~s of the City of Anaheim:
1. That the owner of subject property sha11 irrevocably offer to dedicate
to the City af Anaheim a strip of land 10 feet in width from the
centtrline of the street along the alley for alley widening purposes.
-. Th;;t 5uLjeuL ycuperty shall be developed substantially in accordance
with plans and specificatipns on fiZe with the City oF Anaheim marked
Exhibit No. 1; provided, however, that the existing wall between the
existing den and the proposed addition wi11 be removed as indicated on
the plans.
3. That prior to issuance of a building permit, or within a period of one
year from the date of this resolution, whichever occUrs fitst,
Condition No. 1, above-mentianed, shall be comnlied with. Extensions
for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim N,uniciyal Code.
4. That prior to final building and zoning .inspections, Condition No. 2,
above-mentioned, shall be complied witl~.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
, heceby find and determ±ne that adoption of tF,is Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
~'! nereinabove set forth. Should any such condition, or. an
p part theceof, be
, declared invalid or unenforceable by the final judgment of any court of
! competent jurisdiction, then this Resolution, and any appravals herein
~ contained, shall be deemed null and void.
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THE FOREGOING RESOt.UTION is signed and approved by me this June 24,
1985. ~ ~ ~~' ~
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"CHAtRMAN, ANA E M CITY PLANNING COMMISSION
ATTEST:
~N~/jL- ~ ~{'"~'1iwL
SECRETARY~ ANAH2IM CITY PLANNING COMM7SSZON
STATE OF CALIFORNIA )
CUUNTY UF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harcis, Secretary of the Anaheim City Planning Commission,
do heceby certify that the focegoing resolution was pa~sed and adopted at a
meeting of the Anaheim City Planning Commission held on June 24, 1985, by the
following vote of the members thereof:
pygg: COMMISSIONERS: BOUAS~ BUSHQRE, HERBST, KING~ MC BURNEY
NOES: COMPIISSIONERS: NONG
ARSENT: COMMISSIONERS: FRY, LA CLAIRE
IN WITNESS WFIEREQF, I have hereunto set my hand this 24th day of June,
1985. ~
`(~ .~L_
SECRETARY, ANAEiEIt4 CITY PLANNING COMMISSION
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PC?5-160