PC 85-178RESULUTION N0. PC85-178
A RESOLUTION OP THE ANAHEIt9 CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3502 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petiticn for Variance frum MARGARET J£P.N LEVECKE, 700 North Helena Street,
Anaheim, ~alifornia 92805, owner, and HORST J. SCHOR, 1200 Notth Harbor
Boulevard, Anaheim, California 92801, agent Eor 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 THEREON RECORDED
IN BOOK 34~ PAGE 36 OF MISCELLANEOUS MAPS~ RECORDS OF SAID
OkANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did I~old a public heacing at
the Civic Center in the City of Anaheim on July 22, 198:, at 1:30 p.m., notice
of said public hearing 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 conaider evidence for an~ against said propcsed variance and to
investigate and make findings and recommendations in connection thetewith; and
WFiEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and aftec due consideration of all
evidence and reports offered at said hearing, does find and determine the
follcwiny facts:
1• That the petitioner proposes waivers of the following to permit
a playhouse in the side yard and a dog run in the front yard:
(a) SECTIONS 18.04.043 - Pecmitted encroachments into required vards.
AND 18.25.064 (DOg runs not a permitted encroachment into
required 33-foot front vard setback area
adiacent to Eielena Stzeet or required 10-foot
side vard setback areas; doq run located
o Leet from Helena Scceet and 4-1/2 feet
from north pro ertv linA existing).
(b) SECTZONS 18.04.043.1U1 - Ma~cimum fence hei.qht.
AND 18.25.064.110 (_3_6-inch hiah maximum in required 33-foot
front vard setback area permitted;
5-foot hiah chainlink fence around doq
run and 6-foot hiqh block wall ad'acent
to north propertv line existing)
(c) SECTION 18.25.063.020 - Minimum side yard setback.
(10 feet adjacent to north propertv line
required; 1 foot to playhouse and
4-1/2 feet to dog run existing)
2. That the above-mentioned waivers (a) and (b) are hereby denied on
the basis that there are no special circumstances applicable to the pcoperty
such as si2e, shape, topoyraphy, location and surroundings which do not apply
to ott~er identically zoned property in the same vicinity; and that strict
USSlr PC85-187
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apNi:~ation of the Zoning Code does not depcive the property of privileges
enjoyed by other peoperties in the identical zone and classif.icacion in the
vicinity; and that an undesireable precedent could be established by approving
said waivers.
3. That the above-mentioned waiver (c) is hereby granted, in part, to
pecmit the playhouse to remain, on the basis that strict application of the
Zoning Code deprives the property of privileges enjoyed by othec pcoperties in
tk~e same Zone and classification in the vicinity; and subject to the
petitioner's stipulation to remove the gabled roof and replace it with a flat
roof at the same height as the coof on the carport located on the adjacent
propetty to the nocth.
4. That there .3r2 except.ionol or exlraordinary circumstances or
conditions applicable to ~he property involved or to the intended use of the
Froperty that do not ap~~ly generally to the property or class of use in the
same vicinity and zone.
5. That the requested variance, as granted, is necessary for the
preservation and enjoyment of a substantia.l property right possessed by other
ptoperty in the same vicinity and zone, and denied to the property in question.
6. That the requested variance, as gcanted, will not be materially
detrimental to the public welEare or injurious to the groperty or improvements
in such vicin.ity and zone in which the property is located.
7. That six persons indicated their presence at said public hearing
in opposition; and that no ;:orrespondence was received in opposition to subject
petition.
ENVIRONDIENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a playhouse in the side yard and
a dog run in the f~ont yaru with waivers of permitted encroachments into
required yards, maximum fence height a~d minimum side yard setback on a
rectangularly-shaYed parcel of land consisting of approximately 16,737 square
t~et, located at th~ north?act cornPr of Wi.lhelmina Street. a~d Helena Street,
and fur.ther described as 700 North Nelena Street; and does hereby appcove the
Negative Declaration upon finding that it has considered the Negative
Declatation together ~aith any comments received ~uring the public review process
and furthec Einding on the basis of the inilial study and any comments received
that there is no substantia: e~idence that the project will have a significant
effect on the environment.
NUW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission ~'oes hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessa[y prereguisite to the proposed
use of the subject prooerty in order to preserve the safety and general welfare
of the Citizens of the City of Anaheim:
1, That the owner ot subjer.t property shall irrevocably offer to dedicate
to the City of Anaheim a 15-foot radius corner return abutting subject
property aleng Wilhelmina and F~elena Street.
-2- PC85-.178
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2. Tiiat plans shall be submitted to the Building Division showing
compliance with the minimum standards oi the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Housing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
appzcpriate permits shall be obr_ained for any necessary work.
3. That subject properl•y shall be developed substantially in accocdance
with plans and specifications on file with the City of Anaheim ma[ked
Exhibit No. 1; provided, however, that the dog run and six-foot high
block wall adjacent to the north property line shall be removed and
that L•he pluy house cabled roof shall be replaced with a flat roof at
the same heiyht as the carport roof on the adjacent property to the
north.
4. That Condition Nos. 1 and 2, above-mentioned, shall be completed
within a period of ninety (90) days from the date of this resolution.
5. That prior to final building and zoning inspections, Condition No. 3,
above-mentioned, shall be complied with.
B~ ;T FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoptior. of this Resolution is ex~ressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenEorceable by the final judgment of any couct of
competent jurisdiction, then this Resolution, and any approvals herein
containeq, shall be deemed null and void.
THE FOREGOING RESOLGTION is signed and approved by me this 22nd day
of July. 1985.
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CHAZRAfAN~ ANAHEI~1 C~PLANN NG COMMISSION
ATTEST:
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SECRETAR ~ ANAHEIM CI4'Y PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY UF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commissi•,n, do hereby cectiLy that the foregoing resolution was passed and
ac]opted at a meetiny oE the Anaheim City Planning Commission held on July 22,
1985, by the following vote of the members thereof:
AYES: COFIPIISSIONERS: BOUAS, HERBST~ LA CLAIRE, LAWICKI~ MESSE
NOES: CUMMISSIONERS: NONE
ADSENT: COMMISSIONERS: FRY~ MC BURNEY
IN WITNESS WHEREOF, i liave hereunto set my tiand this 22nd day of
July, 1985.
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SECRRTARY~ ANAHEIM CITY PLANNING COMMISSION
-3- PC85-178