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PC 76-48~ ~ RESOLUTiOtJ IJO. PC76-4E A RESOLUTION OF TtiE CITY Pl.ANP~I~dG C01411ISSIOf1 OF TIiE CITY OF ANAHEIPt TIIAT PETITIOP! FOR VARIAtlCE N0. 2787 BE DENIED. IJIiEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Variance from FRAP~Y. 41, t40REN0, 1h0a E. Burton Street, Anaheim, California 92805 (Owner); PAUL A. WATERt4AtJ, 2942 E. Chapman Avenue, Oranne, California 92669 (Agent) of certain real property situated in the City nf Anaheim, County of Orange, State of Califnrnia described as: The Westerly 75.00 feet of the EasterlY 225.00 feet (measured along the ;~or~lierly line) of that portion of tlie tJorthwest quarter of the Northeast nuarter of the Southtaest quarter of Section 2, in Tormshin 4 South, Range 10 lJest, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, as said section is sho~~m on a map thereof recorded in book 51, ~aae 10, Miscellaneous ~~1aos, records of said Orange County, described as follovrs: Beginning at the tdorth~vesterly corner of said Northwest quarter thence along the iJortherly line of said tJorthwest quarter South 89° 03' 4?_" East, 6F.1.?5 feet to the Easterly line of said Worthwest quarter; thence alonq said Easterly line South 0° 09' 12" 41est, 130.00 feet; thence South R9° O1' 45" West 240.51 feet; thence South 89° 47' 33" lJest, 350.07 feet; 'Ciience Worth 89° 03' 47_" 41est, 70.75 feet to a point in the 4lesterlv line of said Worthwest quarter, distant along said Westerly line South D~ 11' 18" 41est, 1h5.01 feet frnm said ooint of beginning; thence along said lJesterly line Worth Q° 11' 18" East, 145.01 feet ta sa?d point of beginning; EXCEPT the IJorth 20.00 feet thereof. W{iEREAS, the City Planning Commission did hold a public hearing at the City Ilall in the City of Anaheim on Ptarch 15, 1976, at 1:30 p.m., notice nf said public hearing having been duly given as required by la~~~ and in accnrdance ~~ith the provisions oT the Anaheim Municinal Code, Chapter 18.03, to hear and consider evidence for and agairist said proposed variance and to investigate and make findings and recommendations in connect9on therewith; and l~lfIEREAS, s't~id Cor~mission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of a11 evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests the fulloN~in~ waivers from the Anaheim P4unicipal Code, to construct a bedroom addition to a residerce in the RS-A-a3,~oo Zone: a. SECTIOPJ 1a.21.063.020 - t4inimum ~ide Yard setback. (10 feet required; 7.5 eet proposed) b. SECTION 18.21.063.030 - Minimum rear ,yard setback. (25 feet required; 10 eet prooosed) 2, Tha~t the above-mentioned waivers are hereby denied on the basis that the Planning Commission determined said waivers would not be necessarY if the property were properly zoned; whereunon, the Planning Commission requested initiation of zoning reclassification of the sub~ect property and ad9acent proner~ies to the RS- 7200 Zone. 3. That there are no exceptional or extraordinary circur~stances or conditions applicable to the property invulved or to the intended use of the ~roperty that do not apply generally to the nroperty or class of use in the same vicinity and zone. 4. That the requested variance is not necessary for the preservation and enjoyment of a substantial pro~erty right possessed by other pro~erty in the sarie vicinity and zone, and denied to the pronerty in question. 5. That tlie requested var9ance will be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity. and zone in which the property is located. RESCiUTI0t4 N0. PC76-48 J ~ ~ 6. That no one indicated their presence at said public hearinq in opposition; and no correspondence was received in ~pposition to subject petition. EIdVIROtJMErJTAL IPIPAC7 REPORT FIPlDING: That the Director of the Planning Department has determined that the prooosed activity falls within the definition of Section 3.Q1, Class 5 of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, cateaorically exempt from the requ9rement to file an EIR. N041, THEREFORE, BE IT RESOLVED that the Anaheim City Plannin9 Commission does hereby deny subject Petition for Variance on the basis of the aforementioned findings. TNE FOREGOIF7G RESOLUTION is signed and anproved by me this 15th dav of hlarch, 1976. ~ ~I?AI~~~1Atl, N H t1 T P~h~ :!~ Oi~1: SS ^I ATTEST: ~ ~~ ~~~J sEC ,~:~~ ~ r~ ~~t ri~i r~ ~u ri STATE OF CALIFORNIA ) COUt•ITY OF ORAfJ&E )ss. CITY OF ANAIiEItt ) I, Patricia B. Scanlan, Secretary or the City Planning Commission of the City of Anaheim, do hereby certify that the foregoinn resolution was nassed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on t•tarch 15, 1976, at 1:30 p.m., by the following vote of the members thereof: AYES: COt•ih1ISSI0tJERS: BARNES, HERDST, JOHIVSON, KING, MORLEY, TOLAR, FARANO I~OES: COt4~4ISSI0tVERS: NOt•!E AaSEtdT: C014h1ISSI0t~lERS: NOIVE 1976 ItJ IJITtJESS WHEREOF, I have hereunto set my hand this 15th day of March, A;'~:.~-J % E , N NE • C~`~( PI aING C ~1t1 SSI N _p_ RESOLUTIOIV N0. PC76-48