PC 76-187:, ~ ~
RESOLUTION N0. PC76-187
A RESOLUTION OF THE ANAHEIM Cl7Y PLANNING COMMISSION
iHAT PET17lON FOR VARIANCE N0. 2845 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
Pc:tftion for Variance from BILLY J. AND BETTY J. KIKER, 616 N. Brookhurst SCreet,
Anaheim, Califcrnla 92801 (Owners); J. R, TESLER~ 504 N. State Collge Bouievard~
Anaheim, f.aliforrtia 92806 (Agent) of certaln rcal property situated in the City of
Ar.aheim, i.ounty of Orange, State of California described as:
That portion ofi Lot 3R of "Anahelm Extenslon", as shown on a map recorded in the
offtce of the recorder of Los Angeles County, Californfa~ descrihed as follows:
Commencing at a polnt In the South line of sald Lot~ said point being 268.471
faet from the Southwest corner thereof, running thence Northerly and paralle!
with the Westerly line of sald Lot 141.25 feet to a point; thence at right angles
We~st~rly and parallcl with the Southerly line of said Lot 50 feet to a point;
L•.Fience Sou~herly and parallel w)th the Westerly line of said Lot 141.25 feet to
tiie Southerly 11ne thcreof; thence Easterly along the Southerlv line 50 feet to
p~~Int of beginning.
Wi1ERF.55~ fhe City Planning Commisslon did hold a public hearing at the City
Hall i,n tlic City of Aneheim on September 27, 1976, at 1:30 p.m „ notice of said
publlc hr.ariny having been duly g(ven as requlred by law and in accordance with the
p~-ovlsdons nf the Anaheim 11uniclpal Code, Chapter 18.03, to hear and consider
wvldence for and ayalnst said propased varfanca and to investigate and make findings
and recorrmend~tlons in cannection therewtth; and
11HEREA~, cald Commisslan, afCer due inspectton, investigatlon and study made
b;~ IX~c9# and in Ets behalf, and after due consideratton of all evtdence and reports
affeCe~d ae said hearing, does find and determine the following facCS:
1. That the petitioner proposes ehe foliowing waiver from the Anaheim
?~!vrtTctpal Code, to construct a singie-family dwe~ling:
SEC710N 1$.25.062,030 - Minimum floor area. (1700 sq, ft. required;
t~i 0 sq. ~~ proposed)
7. That the above-mentioned waiver is hereby granted on thc basis that
although the subJect property is zoned RS-10,00~ and Is a legal lot recorded prior La
June 22, 1956, said lot is only 5,Q00 square feet in size and a larger dwelling wuuld
nnt meet other slte devclopment standards of the zone.
3. ~?;a? there are exceptionai or extraordinary clrcumstances or conditlons
applicabl~~ to the property involved or to the intended use of the property that do
not apply genermily to the property or class of use in the same vicinity and zone.
h. ThaY, the requesCed variance is necessary for the preservation and
enJoyment of a substr~ntlal property right possessed by other property in the same
vicinfty and zone, anrl denied to the property in questlon.
5. That the requested variance wtit not be materially detrimental to the
public wclfare or InJurious to the property or lmprovements in such vicinity and zone
In which the property is located.
6, That no one indicated their presence at said public hearing in
opposltion; and that no correspondence vr~s recelved 1n opposition to subJect
petitton,
f:'rlVIRONMENTpL IMPACT REPORT 'FINDING: 7hat the Direc~or of the Piannin9
Department as eterm ned t at the propose activlty falls within the definition of
Sectlon 3.~1, Class 3, of the City of Nnaheim Guideltnes to the Re~uirements for an
Environmrntot Imnact Report and is, therefore, categorically exempt from the
requlremr.nt to flle an EIR.
IIQW, THEREFORE, BE IT RESOLVED that the Anaheim C1Yy Planntng Cummission
does here:by grant subject Petition for Variance, upon the followtng condiYlons which
are here:by found tci be a necessary ~.:erec~islte to the propose6 use of the subJect
RESOLUTION N0. PC76-187
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property in order to preserve the safety and general welfa~e of the Citizens of the
City of Anaheim:
1, That sidewalks shall be installed along North Street as required by the
L~~y Engtneer and in accordance with standard plans and specifications on file in the
Office of the City Engineer.
2. That the owner(s) of subJect property shall pay to the Lity of Anaheim
the sum of $2.00 per front foot along North Street for street lighting purposes.
3. 7hat the owncr(s) of subJect property shall pay to the CTty of Anahel,n
the sum of sixty cents (60C) Per front ~'oot along Nosth Street for tree plar.ting
purposes.
%+. Yhat sub.Ject property shall be served by underground utilitles.
S. ThaY drainage of subJect property shall be disposed of in a manner
satlsfact<~ry to the CTty Engineer.
Ii. That the owner(s) of subJect property shall p~y to the City of Anaheim
the appro~~riate park and recreation in-lieu fees as deiermined to be approprtate by
the City i:ouncil~ said fees to be pald at the time the building permit is issued.
7. That subJect property shall be developed substanttally tn accordance
wlth plan, and speciflcatlons on file with the City of Anaheim marked Exhibit ~o. 1.
R, That Condition Nos. 2 and 3, above-mentioned, shall be crxnplled with
prior to the commencement of the activity authorized under this resolutlon, or prlor
to the tlme that the buildfng permlt is issued~ or withln a period of one yea- fran
date here<~f, whichever occurs fTrst, or such fu~•ther tlme as the Planning Commission
and/or City Council may grant.
9. That Conditian Nos. 1, ~t, 5, and 7, above-mentioned, sholl be complted
with prlo:• to ffnal butiding and zoning inspectlons,
'fHE FUREGOl~dG RESOLUTION Is signed and appro d by me ;::al, 27th day of
5ep*_ember i976.
CHAIRMAN~ AN EIM CITY PLANNINf COMMISSION
A77E5T:
~ • ~
SECRETAR~~M C~G OMMISSION
STATE OF CALIFORNIA )
COUN7Y OF ORANGE )ss.
CITY OF A~IAHEIM )
I, Patricia B. Scanlan~ Secretary of the Anaheim C1ty Atanning Commission,
do hereby ccrtify that the fore~~ing resolution was passed and adopted at e meeting
of the AnFiheim City Planning Cammisslon, hcid on September 27, 1976, at 1:30 p.m., by
the follo~iing vote of the members thereof:
AYES: COMMISSIONERS: SARNES~ FARANO, NERBST, KING~ MQRLEY, JOHNSON
NOES; COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: T~!AR
1976.
~N WI?NESS WHGREOF, f have hereunto set rry ha~d this 27th day of September
5E~ AR ~A HEIM CIT~PLANNING COMMISSION
0
-2- RESUI:UTION N0. PC76-187