PC 77-244RESOLUTION NO. PC77 -244
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2979 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from DR. RAYMOND TAKAHASHI, 1001 North Harbor Boulevard, #59,
La Habra, California 90631, owner, and E.J.M. CONSTRUCTION, 17632 Irvine Boulevard,
#R, Tustin, California 92680, agent, of certain real propety situated in the City of
Anaheim, County of Orange, State of California, described as:
Lot 138 of Tract No. 8075, as shown on a Map recorded in Book 354
pages 4 to 10 inclusive of Miscellaneous Maps, Records of Orange
County, California; and
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on November 7, 1977, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 13.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to construct a
swimming pool and block wall:
(a) SECTION 18.04.042.040 - Minimum front yard setback.
(15 ft. required on a cul -de -sac;
5 ft. proposed)
(b) SECTION 18.04.043.101 - Maximum wall height.
(42 inches permitted in front yard setback;
6 feet proposed)
2. That the above mentioned waivers (a) and (b) are hereby granted on the
basis of the unusual shape and size of subject property which is shallow and almost
twice as wide as a typical RS -7200 lot, and on the location of the existing
structure, which in combination with the lot shape, results in the usable
recreational- leisure space being in the front yard primarily.
3. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved 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 preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
5. That the requested variance will not 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.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
PC77 -244
ENVIRONMENTAL ACT FINDING: The Director of e Planning Department has
determined that the proposed activity falls within the definition of Section 3.01,
Classes 3 and 5, of the City of Anaheim Guidelines to the Requirements for an
Environmental Impact and is, therefore, categorically exempt from the requirement to
file an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to he 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 the owner(s) of subject property shall obtain an encroachment
permit for the proposed 6-foot high slumpstone wall or request and get approval for
the abandonment of the 5 -foot wide public utility easement prior to the issuance of a
building permit.
2. That the subject property shall be developed substantially in
accordance with plans and specifications on file with the City of Anaheim marked
Exhibit No. 1.
THE FOREGOING RESOLUTION is signed and approved by me this 7th day of
November, 1977.
ATTEST:
4time oe /Vai24.4.4r
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
X OK
CHAI,MAN, ANAHEIM CITY PLANNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on November 7, 1977, at 1:30 p.m., by the
following vote of the members thereof:
AYES:
NOES:
ABSENT:
1977.
COMMISSIONERS: DAVID, HERBST, JOHNSON, KING, TOLAR
COMMISSIONERS: LINN
COMMISSIONERS: BARNES
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November,
ALLii
SECRETARY, ANAHEIM CITY PLANNING COMMISSION