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Resolution-PC 2000-81• • RESOLUTION NO. PC2000-81 A RESOLUTION OF THE ANAHEIM CIN PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2000-04397 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOT 30 OF TRACT 9750, AS SHOWN ON A MAP RECORDED IN BOOK 437, PAGE(S) 28 TO 31, 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 June 19, 2000, 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 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 following facts: 1. That the petitioner proposes waivers of the following to retain a patio structure and built- up wall: (a) SECTION 18.04.043.102(a) - Maximum fence height (Deleted (b) SECTION 18.24.063.020 Required side yard setback (6 feet required; none provided) 2. That waiver (a) pertaining to maximum fence height is hereby denied on the basis that it was deleted following public notification. 3. That waiver (b) pertaining to side yard setback is hereby denied on the basis that the property is adequate in size, shape and topography to accommodate the existing home and a new shade and/or storage structure elsewhere on this property in conformance with required development standards. 4. That there are no special circumstances applicable to the property consisting of size, shape, topography, surroundings and building location which do not apply to other identically zoned properties in the vicinity to justify the proposed waivers. 5. That this property is sufficient in size and shape to accommodate this type of structure elsewhere on the site in conformance with Code requirements. 6. That the existing structure ~does not comply with Uniform Building Code requirements for fire protection. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his 'authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. CR3994MS.DOC -1- PC2000-81 ~ • NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Variance on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 19, 2000. G~~Z~ C AIRPE SON, ANAH IM CI PLANNING COMMISSION ATTEST: SECRE ARY, AHE~1M CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 June 19, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ARNOLD IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of , 2000. ~JP"`U SECR ARY, NAHEIM CITY PLANNING COMMISSION