PC 77-100RESOLUTIOH tJO. PC77-100
A RESOLUT I Ot~ OF TNE ANAHE I M C ITY PLAIUi I NG COPL'11551 QN
TI1AT PETITIQtI FQR VARIAIlCE N0. 2931 BE GRAtiTEO
WIfEREAS, the Nnaheir.~ City Planning Commission did receive a verified
Petitien for Variance from PATRICf: L. P.NU JtS51E D. DAIIIEL, 610 SouCh Loara Stree.t,
Anaheim, California 9z2~z ~Ov+ners) of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
The North l95 feet of the Nest 1°1 fe~t of Lot 1t3 of Helen and
Lynch's Subdivision of tlie West one-iialf of Section 16 of Townshi~
4 5outh, Ranye 10 West of San Dernardina Base and Meridian, as per
map recorded in bcvsk it~l2, page 15~ of deeds in the offica of
county records ef Los Angeles county, State of California; and
41HEREAS, the City Plann+n, Cormission did holJ a public hearinc at the City
Hall in the City of Anaheim or. MaH 9, 1977, at 1:3~ p.~., notice of said public
hearing having been duly give~n as re~uired by law and in accordance with the
provisions of the Anaheim ~~unicipal Code, Chapter 18.03, to hear and co~sider
evidence for and agains[ said proposed variance and to investigate and make findings
and recommend~tions in con~ection therewith; and
WHEREAS, said Cortmission, after due inspection, investigation and study made
by itself and in its behal`, and after due consideratio!i of all evidence and reports
offered at said hearing, does find and determine the fcllowing facts:
1, That the pe'iitioner p;oposes the following waivcr from the Anaheim
Municipal Code, to construct ~ 6-foo: hioh Fence:
SECTION 13.Q4.~~t3.101 - Maximum fence height.
'L inches pernitted; b feet proposed)
Z. That the above-rx:ntioned waiver is hereby granted on the basis that the
petitioner demons[rat~J tliat a hardstiip existed in tliat similar G-foot high fencing
has been constructed on adjacent residential lots; ~nd that the location of the
existing clwelling restricts thc usable private recreational space on the lot beca~se
of the rninimal side anJ rear yards, and [he large front yard is, therefore, the mosL
appropriate loca[ion for a swirtminy pool, whicfi must be enclosed with a minimum 5-
foot high fence.
3, Thiat [here are exceptional or extraordinary cirr,umstances or conditions
applicable to the property invalvcd 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.
4, That the requested variance is necessary for the preservatlon and
enjoyment of a substantial propcrty right possessed by other property in the same
vicinity and zone, and denied to the property in questic~n.
5, That thc requested varianr.e will not be materially detrimcn[al to the
public welfare or injurious to the property or irnprovements in such vicfnity and zone
in whicn th~ property is lacateJ.
R'ESOLU7(ON N0. PC77-100
That no one indica[ed their presence at said public hearing in
opposition; and that no correspondence was received in oFposition to the subject
petition.
EI~VIRO~IMEWTAL iNPACT FIFIUItJG: That thc Director of the Planning Department
has determined tha~ the proposed activity falls withir tfie definition of Section
3.01, Class 3, of thc City of Anaheim Guidelines to the Requirements for an
Environmental Impacti Report and is, therefore, catey~rically exernpt from the
requirenent to file an EIR.
MOiI, THEREFORC, (3E IT RESOLVEU thai the Mahein City Planning Correnission
does hereby grant subject Petition for Variance, upon the following conditic~ns which
are iiereby found to ~e a necessary prereq~isite to the proposed use of the subject
property in order to preserve the safety and g~~neral welfare of [he Citizens of the
Ci ty of Anaheira:
1. That the cw+ner(s) of su~ject property shall Jeed to the Ci[y of Anaheim
a strip of lanJ 32 feet in a~idth from thc centcrline of the street along Loara Street
for street widening purposes, as stipulatcd to by the petitioner,
2. That thc owner(s) of subjr_ct propcr[y shall pay to the City of /lnaheim
the sum of two doltars ($2.00) per front foot alon9 Loara Strcei for strect lighting
purposes.
3, That the oo-+ner(s) of subjec[ proper[y shall pay to the City o` Analzeir~
the sum of sixty cents (60t) per front foot along Loara StreeC for tree planting
purposes.
4, in tfie event that subject property is to be Jivided for the purpose of
sale, lease or financing, a parcel map, to recorcl the approved division of subject
property, shall be subr~it[ed to and approved by the City of Anaheim and then be
recorded in the Office of the Orange County Recorder.
5, That appropriate water assessment fees, a~ dctcrmined by the ~irector
of Public Utllities, shall be paid to the City of Anaheim prior to the fssuance of a
building permit.
G. That sub~ject property shall be developed substantially in accordance
with plans and specific~tions on file witl~ the City of Anaheim mar4:ed Exhibit ~lo. 1.
7. That Conditian Nos. 1, 2, 3 and 4, above mentioned, shall be complied
wieh prlor to the cornmencemen[ of the activity au[horized under tfiis resolution, or
pribr to the time that the building permit is i~sucd, or within a period of one year
from date hereof, whichever occurs first, or such further time as the Planning
Commission and/or City Council may yrant.
8, That Condition No. 6, above menttoned, shall be complied with prior to
final bullding and zoning inspections.
THE FOR[GOIt~G RESOLUTION is signed and approved by me tl~is 9th day of May,
1977.
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CHAIRriAN, ANAH M C4TY PLAt1N4tiG COMMISSION
-2- RESt~LUTION N0. PC77-100
A7TEST:
~~ / ~
r ~~ j7i'-Lzc, ,t1, /.~ ,. ~-l,ci'
SECREiARY PRO TEMPOR[
At~AHEIM CITY FLAt~tJING CON~115SIOtJ
STATE OF CALIFORt11A )
COUI~TY OF ORJII~GE ) ss.
CITY OF AIJAHEIt! )
I, Pamela H. Santala, Secre[ary Pro Temuore of th~ Anaheim City Planning
Commission, do hereby ccrtify [hat thc foregoin9 resolution was passed and ad~^^ed at
a mee[ing of the hnaheim City Planning Commissien hcld on May 9, 1977, ai ~:;U p.m.,
by the following votc of the members thereof:
AYES: COMH15510NERS: E3AR11[5, IIERBST, KIt~G, T~JLAR, JOHNSOp
t~OES: COHMISSIONERS: NONE
ABSENT: C011MISSIOtJ[RS: DAVIL`
VACAMCY: ONE SEAT
IN WITtJe55 4111EREOF, I havc hereun~o se[ my hand this ~th day of f1ay, 1977,
-~ ) ~ ~
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/
S'ELP,ETARY PRO TENPORE
At+AIIEIN CIiY PIAt~NING COfiFt1551^v~~
-3- RESOLUTION N0. PC77-100