PC 76-164~ ~
RESOLUTION N0. PC76-16~1
RESOLUTION OF THE ANAHE.IM CITY PLANNING CO'HMISSION
THAT PE7ITION FOR VARIANCE IJd~ 2t337 BE DEMIED.
WHEREAS, the Anah;im City Planning Gommission did receive a vertfied
Petition for Variance from DQYLE A~JD MARJORIE SMITH, 2795 Mendoza Drive, Costa Mesa,
California 92626 (Owners) of certain real property situated in the City of Anaheim,
County of Orange, State of Caltfornia described as:
Lot 4 of Tract No. 1322, in the City of Anaheim, County of Orange, State of
California, as per map recorded in book 4U, page 7~ Miscellaneous Maps, in the
office of the County Recorder of said County.
WHEREt;S~ the City Planning Commission dld hold a public hearing at the City
Hatl in the City of Anaheim on August 3~, 107~. at i:;0 p.m., notice of ~aid pubiic
hearing having been duly given as required by iaw and in accordance with the
provisions of the Anaheim Municlpal Code, Chapter 18.03, to hear and consider
evidence for and aga(nst said proposed variance and to investigate and make findings
and recommendations in connection therewlth; and
WHEREAS, said Commission, after due inspection, investigatlon and study made
by itself and in its behalf., and efCer due consideration of all evidence and reports
offered at said hearing, does `ind and determine the following facts:
1. That the pCtitioner proposes the follo4•~ng waiver from the Anahetm
Municipal Code, to construct a two-story accessory structure in the RS-72,00
(RESIDENTIAL, SINGLE-FAMILY) ZONE:
SECTION 18,26.030 - Permitted eccessor~uses and structure.
2-story structure with dwelling unft not
permitted)
2. That the above-mentloned waiver is hereby denled on the basis that the
proposal would establish 2 residences on one RS-7200 lot and, therefore, constitutes
a multiple-family use in a single-family zone; and that the petttioner did not
demanstrate that a hardship would be created if said ~aiver were not granted,
3. That there are no exceptional or extraordinary circumstances or
conditio~s applicahle to the property lnvolved 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.
A. That the requested varianc~ is not necessary for the presero~tion and
enjoyment of a substantial property ~°ight possessed by other property in the same
vicinity and zone, and denied to the prop~rty in question.
5. That the requested variance will be materially detrlmental to the
public welfare or injurious to the property or improvements !~ such vicinity an~ zone
in which the property is located.
6. That four (4) persuns appeared, representing approximately thtrteen
(13) property owners in the surrounding area prasent at seid public hearing in
opposition; tha€. one (1) letter was received in opposit(on; ~nd that a petition,
signed by approximately fiTty-three (53) property c~uners and residents in the
surrounding area~ was received at sald pubiic hearing In oppositlon to subJect
petttion.
ENVIRONMENTAL IMPACT REPORT FINDING: That the Dtrector of the Planning
Department has determined that the proposed activtty falls within the definition of
Section 3.01, Class 3, of the City of Anaheim Guidelines tu the Requirements for an
Envtronmental Impact Report and is, therefore~ categoricafly exempt from the
requirement to ftle an EIR.
RESOlUTION N0. PC76-164
~ ~
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Cortimission
does hereby deny subJect Petttion for Variance on the basis of the aforemr_ntianed
fin~ings.
THE FOREGOING RESOLUTIOPI is signed and approv by me this 3oth day of
August, 1976.
CHAIRMAN, ANA IM CtTY PLANNING COMHISSION
AITEST:
.
SECfiETARY, ANANEIM CIT PLANNING COMHlS510N ~
STATE OF CALIFORNIA j
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I~ Patricia B. Scar.lan, Secretery of the Anaheim City °lanning Commission~
do hereby certify that the foregoing resolution wa3 passed and adcpted at a meeting
of the Anaheim Citv planning Commtssian. held an August 30~ 1976, at 1:30 p.m „ by
the following vote of~the members thereo":
AYES: COMMIS510NERS: BARNES, FARANO, HERBST. KING~ TOLAR. JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MORLEY
ItJ WITNF55 WHEREOF, I have hereunto se: my hand this 30th day of August 1975.
~~~i~
SECREI' R~ ANAFI M T LANNfNG CbMM SSION
~Z~ RESOLUTION N~. PC76-164