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PC 77-152~E~CLUTIOFI N0. PC77-152 A RESOLUTIL~?i OF TIiE AuAfi[In CITY PLN~NIUr, COMMISSION TIiAT PLTITI0;1 FOR VARIa1lCC N0. 23;4 ftE DENIED WHtREAS, the Analieirz, City Pl~nniny Commission did rrceive a verified Petition for Variancc from NICNAEL L. AND `JIRGItJiA L. DA11AT0, ~O1 South Cinda Street, Anaheim, California 92~06, o+•lncrs of ~,crtain rcal property situated in [he City of Anaheim, Caunty of Oran~e, State o!' California, des~ribed as: Lot 33 of Tract 1~1(:5, as pcr map recordcd in bcok 150, pa~es 14 and 15 of Misccllancous Maps, reeords of saiJ Oranyc County; and WHEZEAS, thc City Planni~g Corxnission di.f hold a public hcariny at thc City flall in thc Lii; of Anahcim on July 1~, 1y77, at 1:30 p.r~,, noticc oi said public hearing having i.~en duly yiven as reyuired by ~71J and in accord~nc~ wi!f~ the provisions of ihc Anahcim Municipal Codc, Chap[cr 12.03, to hear and eonsidcr eviuencc fur and aoainst said proposed v~riance and [o investigate and c,ake findings and recomr,enJations in conncc~ion thcrcr~i[h; anJ NHEREAS, ,aid Corunission, aF[cr duc inspection, ir.vcs[i9ation and study made by itsclf and in its behalf, anu after duu considcration of all cvicicncr. and reports offered at said hcaring, docs find and de[crmine Chc following fact5: 1. That tiic pctitiuner proposes [hc following waiver from thc Anaheim Municipal Code to peririit an cxistiny avi~ry: SECTION 10.02.0;2.012 - Minimum structural setback. 20 fcet from ~ropcrty line rcquired; "1 [o ~ce[ existiny) 2. Tha[ [hc abov~:-mcnti~~ned waiver is hcreby JcnieJ on thc hasis that the petitioner did no[ der.ionstratc that a harJsl~ip would bc crcated if said waiver were not yran[ed; that [he avi~ry ~aas cons[ructecJ illegally; and tha[ [here is sufficient are~ to reiocat~ [hc aviary on the subject property. 3, Tha[ there are no exccp[iunal or extraordinary circumstances or eonditions applicoble to the propcrty involved or to ihc intended usc of thc propcrty [hat do not apply yenerally [o the property or class of use in the sarne vicinity and zone. 4. That thc requcsted variancc is not neccssary for [hc prescrvation and enjoymen[ of a substan[ial proper[y rigl~[ possessed by other propcr[y in the same vieinity and zonc, and denicd to the prapcrty in yuesiion. 5. That ttiu requcsteJ variancc will bc materially de[rimental ~:o ihc public welfare or injuriou, Co the property or improvements in such vicinity a:id zone in which thc propc:rty is located. G. 7hat [hrcc (3) persons indi~a[eJ their presence in opposi[ion a[ the public hearing; and that one petition con[ainin9 [liir[y-nine (39) signatures indicating opposition a~d a second pe[ition containin,y thir[y-four (34) signatures in support of the reyuest were receivecl. PC77-152 ENVIkONMENTAI. IF'~PACT FINDI~IG: That the Director of the Planning Department has determined that the proposed ac[ivity falls within the defin~tion of Seciien 3.01, ~:~~; 1, of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically exempt from th~ re~uirement to file an Elft. NOt1, TNEREFURE, BE IT RESOLVED that the Anaheim City Planning ~ommission does hereby deny subject Petition for Variance on the basis of the aforementioned findings. t977• THE FOREGOItJG RE50l.UTIQt! is siyned and approved by rr~e this loth day of July, ~~~~u4~~ ~ `~r~c~ CHAIRMAti, ANAHEIM CITY PLAPlNING COMMISSi01~ ATTE57: ! ~ ~ i~~ SECRETARY, ANAHEIM CITY PLAi~NINC COMMISSIOi~ STATE OF Ci1L I fOR~~ I:, ) COUtITY OF OR.1!7GE ) ss. CITY OF F.NAfiElti ) i, Cdi[h L. Harris, Sccretary of the Anaheim City Planning Commission, do hereby certify that the forc:yoiny resolution was passed and adop[ed at a meeting of [he Anafieiro City Planniny Commission held on July lc, 1977, at 1:30 p.m., by the following vote of the r~tiembers Lhereof: AYES: COFf111SSI0I![R5: BAftIJES, DAVID, KING, JOHNSOtI, LINI~, TOLAR ~JO[5: COtIM IS51 01![RS : NONE ABSEtIT: COh~11SSI0tlERS: t1ER4ST Itd WITl~E55 1:iiEFt[UF, i have hereunto se[ my hand [his 18ch day of July, 19J7. ~~~ ~ ~~~ SECRETARY, At~FNElt1 CITY PLAl~NING CQt1MISSION -2- PC77-152