PC 76-226~ ~
RESOLUTION N0. PC76-7.26
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMi5510N
THAT PETITION FOR VARIANCE N0. 2870 BE GRANTED~ IN PART.
WHEREAS, the Anahetm City Planning Commission did receive a verified Petition
for Variance from DELBERT AND VIVIAN KINNEY, 1306 Oriole Street, Anaheim, California
92804 (Owners); JOSEPH B. EDWARDS, 620 5. Euclid Street, Anaheim, California 92$02
(Agent) of certain real property situated in the City of Anaheim, County of Orange,
State of California described as:
Lot 23 of Tract No. 3501 as shown on a map thereof recorded in book S_3, pages Q to
13 inctusive of Miscellaneous Maps, records of Orange County.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on November 8, 1976, at 1:30 p.r~., notice o` sald public
hearing having been duly given as requlred by law and in accordance with the provisions
of the Anahelm Municipal Code~ Chapter i8,03, to hear and consider evidence for and
against said proposed variance and to investigate and make findings and recommendations
in connection therewith; and
WHEREAS, sald Commisston, after due inspectton, investigation and study made
by itself and in its behalf~ and after due consideration of all evidence and reports
offered at satd hearing, does find and determine the followtng facts:
1. That the petitioner proposes the following waivers from the Anaheim
Muntcipal Code, to construct a 4$-lnch high fence and an 8-foot high wall:
a. SECTION 18.04.043.101 - Maximum fence height. (42 inches in
required ront yard permitted•, T8 inches
proposed)
b. SECTION 18.04 043.102 - Maximum wall height. (6 feet in
required rear yard permitted; $ feet
proposed)
2. That Walver 1-a, above-mentioned~ is hereby denied on the basis that the
petitioner did not demonstrate that a hardshTp would be cre~ted if sald waiver were not
granted; and, furthermore, an undesirable precedent wou~d be set for future similar
requests.
3. That Waiver 1-b, above-mentioned, is hereby granted to permit an R-foot
wall in the rear yard only on the basis that the petitioner demonstrated that a
hardship would be created if the r:aiver were not granted, since the ad]ecent school
children presentty cl.imb over the euisting 6-foot high wall; subJect to the stipulation
by the petittoner that the 8-foot high wall will meet all Building Code requirements
for a structural wall; and subJect to structural design plans for the wall being
submitted to the Building Division for approval prior to the tssuance of a building
permit.
4. That there are exceptlo~ial or extraordinary circumstances or conditions
applicable to the property involved or to the intended use, as gra~ted, of the property
that do not apply generally to the property or class of use ln the same vicTnity and
zone.
5. That the requested variance, as granted, is necessary for the
preservation and enJoyment of a substantlal property right possessed by oeher property
in the same vicinity and zone, and denied to the property in questlon.
6. That the requested variance, as granted, will not bc matertally
detrimental to the public welfare or in]urious to the property or fmprovements in such
vicinity and zone in which the property is located~ ~
7. That one (1) person appeared at ;e,td pubilc hearing in opposition; and
that no correspondence was received Tn opposition to subJect petition.
ENUIRONMENTAL IMPACT REPORT FINDING: That the Dlrector of the Flannina
Daparfinent fias determined that the proposed activity falls within the definitian of
Sectlon 3.~D1~ CYass 3, of the Clty of Anahelm Guidelines to the Requlrements for an
RESOLUTION N0. PC76-226
~ ~ .
Environmental Impact Report and is, therefore, categorically exempt 4rom the
requirement to file an EIR.
NOW~ THEREFORE~ BE IT RESOLVED that the Anaheim Gity Planning Commission c±oes
hereby grant, In part. subJect Petition for Variance, upon the following condlti~~ns
which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the safety and general welfare of the Citizens oF
the City of Anaheim:
1, That subJect property shall be deveioped substantlally in accordance wtth
plans and speciftcations on file with the Ctty of Anaheim marked Exhibtt No. 1;
provTdedo however. that the fence height in the required front yard shall be a maximum
of ~2 inches; and that structural design plans for the 8-foot high wall in the requlred
rear yard shali be submitted to tfie Building Dtvislon for approval prlor to the
issuance of a building permit~ sald wall to meet all Building Code requirements for a
structural wall~ as stipulated to by the petitioner,
THE FOREGOING RESOLUTION is signed and approved me this 8th day of
November~ 1976. ~
CHAIRMAN, ANAHEI ITY PLANNING COMMISSION
ATTEST:
~~ ~ 7`.' ~ Ga.I~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEtM )
I, Patricia B. Scanlan, Secretary of the Anahetm City Planning Commission, do
hereby certify that the foregoing resolutton was passed and adopted at a meeting of the
Anaheim City Planning Commission, held on November 8, 1976~ at 1:30 p.m „ by the
fotlowing vote of the members thereof:
AYES: COMMISSIONERS: BARNES, FARANO, HERBST~ KING, MORLEY~ JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLAR
t976.
IN WITNESS WHEREOF, 1 have hereunto set my ~and this IIth day of November
UQ-~.aJ~ ~ ~~ , ~
SECRETARY, ANAHEIM CI? ~ ANNING COMMISSION
-~:- RESOLUTION N0. PC76-226