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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 -2_ PC78-titi4