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PC 76-185~ ~ Re50LUYlON N0. r°~76-i85 A RESOLUTION OF THE ANA!iEIN CiTY PLAN:lNG C~MMISSlON THA7 PE7YTi0N FOR UARIANCE N0. 2~40 ~3E fRANTED, '~H€REAS, .he Anahetm :::~?y F~srsning Commis:.i...n did receive a verified ?~;; i€.~'>r~ fr~r VarTance from E~!~cNE :: '= :~47FMA E, WHITCOME,. 2~14 E, Carn)val Avenue, .qh:s~rt~_(m~ !_n'.•~~'.`or~1a 92~506 (O~r~trsi'; '-;t.~,iAM D. EHRLE, ~838 5. State College Boulevard, ~~..`.S"%e!':n~ -~nSc-°tr?':'<'•e J2AQo !3'«;anf) :'- cerYain rcai ?r~acrty siU~aCQd iii Lhe Llty of Anmh~=~. ;.t.un4x ...r %?re~g~:, 5'tat^ ,' = ea!:Rarr,i~ ~;;;serfbed as: :o: ;3 ~P T~•~,~t t~no 3f,14; ,;:.; ~<ho+~n r.r. ;:. ~~;~p rctoYded ?t~ `;:r~rk t52, pages 42, 43 34iC~-. k~4 nf Mlseeli~rienva.•,4ar,+g.. £~:::::SF:US SI}` S1sj:;~ ~i;t,-rn~r f,.;,t,~r;r.;' WH~REA5~ the Clty rz2•~+4nc~ ~.~ommi:.~ ~~.° :'i3cd :,. :' a puhilc hearing at the City Hall in the Clty of Anahelm on :;.-•;:a~mber +;:', :'!jo, at, ;~:3~ p•m., notice of said public hcaring having bee.n duly qiven as •req~ired by a~w and in accordance with the provlslon. of the Anaheim Municlpal Code, Chapter 98,63, to hear and consider evidence for and agalnst sald proposeA variance and ta invasttgate and make findings and recammendations in connectton therewlth; said public hear°ing having been continued to the Plan~ing Commlssion meeting af Saptember 27, 1976; and WHEREAS, satd Commission, after due ~nspectlon, i~vestigatlon 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 det~rmine the foltowing facts: t. That the pet!tloner proFoses the foliowing ~.aiver from the Anaheim Muntcipal Code, to construct an accessory structure, with waiver of; SECTION 18.26,064 - Parmittecl encroachments into re uired ards. ccessory structure n requ re s e yard not permitted) 7.. That the above-mentlan~:d waiver is hereby granted for a maximum heiqht of stx ;6) feet for the propos~d structure and sald struct~re shall be redesigned to eilminate the parapet wali and shall further cnmply with all Building and Fire Codes. 3. That the petitloner stlpulated that no utilitles will be provided to the propo~ed sCructure. 4. That the petitioner stipulated tE~at the proposed accessory building wfll not be uaed for storage of commercial equipment. ;, That there are exceptlonal or extraordtnary circumstances or conditions applicabin to the property involved or to the intended use of the property that do not apply generally to the prflperty or class cf +JSe In the same vicinlty and zone. ~i. ThAt Che requested variance is necessary for the preservatlon and enJoyment of a substantlal property rlght possessed by other property ln the same vfcinity •~nd zone~ ancf dcnied to the property in questton. 1. Tnat the requested varlanca wlll not be materlally detrlmental to the publtc welfare or inJurlous to the property or improvements in such vicinlty and znne in which the property ls located. $. That one (1} person app:s.red at sald public hearing in oppositlon; and that no corresponder.::r, was recefved in oppositlon to suh)ect petition. ENVIRONMENTAL IMPACT REPOR7 FINDINt;r That the Dlrector of the Planning Departmer~t a~i s~etermined that t e proposed activity falis wJthin the def!nition of Sectlon 3.01, Cless 3, of the City of Anaheim Guidelines to the Requirements for an Envlronme:ntal Impact Report and 1~, th~refore, categoricaliy exempt fran the requlremrnt to filz an EIR. '~OW, THE)tEFORE, SE IT RESOLVED that the Anaheim City Planning Canmisslon does her~:by grant subJect PetlCion for Variance, upon tne following condltions which are her~:hy found to be a necess4ry prerequisite to the prcposed use of the subJect property ir: order to preserva the safet;~ and general welfare ot the Citizens of the City of A;a~~etm: RESOLlITiON N0, PC76-185 ~ ~ ~ 1. That thc property owner(s) shali obtain any necessary buildtng permlt(s) fran the City oP AnaheTm. 2. That th~.re shall be no utilities provlded to the proposed structure, as stipulated to by the petittoner. 3. 7hat the proposed accessory building shall not be used for storage of commercial equipment. 4. 7hat subJect property shall be developed substantially in accordance with plans and speclfications on file with the City of A~ahcim marked Exhibit Nos, t and 2; provided, hawever, that the total height of the proposed structure shall not exceed slx (6) feet and said structure shall be redesigned to eliminate the parapet wall and shall further comply with all Bullding and Fire Codes. THE FOREf01NG RE50LUTION is signed and approv by me this 27th day of September 1976. CHAIRMAN, AN IM CITY LANNING COMMISSION ATTEST: l:/et ~ ~ ~ SECRETARY, ANAHEIM CIT LANNING COMMISSION STATE OF f,ALIF~RNIA ) COUN7Y OF ORANGE )ss. CITY OF Ai~AHE1M ) I~ Patricla B. Scanlan, Secretary of the Anahetm City Pl~nning Cortmission~ do hereby certlfy thaL the foregoing resotution was passed and adopted at a meeting of the Anahelm Ctty Planning Commisston, held on September 27, 197~, at 1:30 p.me, by the follo~ying vote of the members thercof: AYES: COMHISSIONERS: BFRNES, FARANO, HERBST~ KINf~ MORLEY, JOHNSON NOES: COMMISSIONERS: NONE ABSEN7: COMMISSIONERS: TOLAR IN ~fITNE55 WHEREOF~ I have hereunto set my hand this 27th day of September 1976. ~ l" l~'~~LLe'~..ei/ r:~se./ SECRETARY, ANAHEIM CITY PIANNIN6 COMMISS~ON -2- RESOLUTION N0. PL76-185