PC 78-114RESOLUTION N0. PC 78-114
A RESOLUTION OF TNE AHAHEIM CITY PLANNIMG COMNISSION
TNAT PETITfON FOR VARIANCE N0. 3oi5 BE GRA?ITED
41HEREAS, the Anaheim City Ptanning Commtssion did receive a vertfied
Petition for Variance from ARTHuR ~. AND LINDA 5. RICKETTS, 49b1 East Crescent Drive,
Anaheim~ Callfornia 92807~ a+rters, of certain real property situated in the CiLy of
Anaheim, Court[y of Orange, Siate of Galifornia, described as:
Lot 8 of 7ract 8470 as per map recorded in enok 35z. Pages 24 and
25 of Miscellaneous Maps in the office of Lhe Gounty Recorder of
said County.
Wt1EREA5, the Ci[y Planning Lamitssion did trold a public hearing at the City
Hall in the City of Anaheim on June 5. 1978. at 1:30 p.m., notice of said public
hearing havT~g been duly given as required by law and in accordance Nith the
provisions of che Anaheim Municipai Code. Chapter 18.03. to hear and consider
evldence for and against said proposed variance and to investigate and make findings
and recannenda[tons in connection therewith; and
WHEREAS~ said Lommission~ after due inspection, investigation and study made
by Itself and Tn its behalf, and after due consTderation of all evidence and reports
offered a[ said hearing~ does ftnd and determine the following faccs:
i. That the petitioner proposes a ~+aiver of the following to construct a
tennis court:
Section tE.22.Ob3.010 - Minfmum side ard setback.
15 eet required; none proposed)
2. That the proposed variance Is hereby granted subJect to the follaving
s[ipulations mode by the petitioner at the pu6lic hearina:
a. That the 12-foot high fence wiil be constructed on portions of the
east and teest property 11nes.
b. Tfiat al! eennfs court Iighting will be dtrected down and away from
the adjacent residential propertles.
3. That the above-menttoned waiver !s hereby granted on the basis [hat the
petittoner demonstra[ed that a hardship extsts in that subject property is very
irregularly-shaped (retatlvely narroa and extremely deep) Hith a private road running
Lhe entire length of the westerly property linc, satd phystcal lot features severely
restricttng ~sablltty of the property.
4, That there are exceptional or extraordinary circumstances or conditions
applicablc to the property involved ar Lo the l~tended usc of the property that do
not apply generalty to the property or class of use in the same vicintty and zone~
because subJect prope~ty is relatively narrow and extremely deep.
5. Thac the requested vartance ts necessary for the preservation and
enJoyment of a substantlal property rtght possessed by other property in the same
vicinity and zone, and denied to the property in question.
PC78-tt4
6. That the requested variance will not be materlally detrimental to ihe
public welfare or 1nJurious to the property or improvements (n such vicinity and zone
in which the property is located.
7, That no one indicated thefr presence a[ said publtc hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
EIJVIRQNMENTAL IMPACT FINDIIJG: The Planning Director or his authorized
representaiive has determined that [he proposed proJect falls within the definitlon
oY Late~orlcal Exemptions, ~1ass 5~ as defined In Paragraph 2 of the City of Anaheim
Env?ronmentai Impact Report Guidelines and is, therefore, caiegorically exempt from
th~ requirement to prepare an EIR.
NOW~ THEREFORE, BE IT RESOLVED tha[ the Anaheim Clty Planning Lommission
does hereby grant subJect Pexttion for Variance, upon the following conditions which
are hereby found to be a necessary prerequtsi[e to the proposed use of the subjec*.
property in order to preserve the safety and general welfarc of the Citizens of the
City of Anaheim:
i. That subject property shall be developed substantially in accordance
with plans and speciftcations on file wiih the City of Anaheim marked Exhtbtt No, i.
2. That ali tennis court lignting shali be directed down and away from the
adjace~t residential properties.
BE IT FURTIIER RE~QLVED that the Anaheim City Plannin9 Carmission does hereby
find and determine that adoption of this Resolution Is expressly predfcated upon
applicanc's canpllance wtth each and all of [he condittons hereinabove se[ for[h.
Should any such conaition, or any part tliereof~ be declared i~valid or unenforceable
by the final judyment of any court of competent Jurisdictton, then this Resolution,
and any approvals herein con[ained~ shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 5th day of June
1978. / ~~~
LW , A, NAH. M ITY LANNiNG COMMISSION
ATTEST:
/ d~ r.L ~ /~-~tn~ _
SECRETARI~, ANAHEIM CITY PLANNING CONMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 ss.
CITY OF A17AHEIM )
I, Editli L. Harris~ Secretary of the Anaheim City Planning Commission, do
Itercby ceriify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commtsslun held on June 5, 1978, at 1:30 p.m.~ by Lhe
following vutc of thc members thereof:
AYES: COMMISSIOf~ERS: BARt~ES, DAUIJ. H~RBST, JOHNSON, KING, TOLAR
NOES: COMMISSIONERS: !:ONE
ABSENT: COMHISSIONERS: LINN
Iq W17NE5~ WHEREOF, t have hereunto set my hand this Sth day of June, 1978.
~,¢~ .f 1J~.~,.
SECRETARY, ANAHEIM CITY LAN ING COMMISSION
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