PC 78-129RESOLUTION N0. PC 78-129
A RESOLUTION OF THF ANAHEIM CITY PLANNING COMMiSSION
THAT PETITION FUR VARIANCE N0. 3017 BE GRANTED
41HEREAS, the Anahetm Lity Pianning Commission did receive a verified
Petition for Varlance from RONALD W. AVO NANCY P,. PHARRIS, 130 El Dorado La~e~
Anaheim, California 92807, owners of certai~ real property sttuate~ in the City of
Anaheim, Gounty of Orange, State of Catifornia described as:
Lot 19 of Tract 59 of Peralta Hilis Tract ~2, as per map recorded
Tn Book i0, Page 18 of Miscellaneous Ma~s, in the offtce of the
county recorder of said county.
WHEREAS, the Ci[y Planning Commission did schedule a public hearing at the
City Hall tn [he City of Anahelm on June 5, 1978, at 1:30 p.m,, notice of said public
hearing having been duly give~ as required by law and tn accordance with the
provisions of the Anaheim Municipai Code, Chapter 18.03, to hea~ and consider
evldence for and against sald proposed vartance and to investigate and make findings
and recomnendations in connectlon therewith; said pubiic hearing having been
continued to the Planning Commission meeting of June 19. 1978. and
WHEREAS, said LommTsslon, after due inspection, investigatlon and study made
by itself and in lts behalf, and after due consideratlon of all evldence and reports
offered at safd hearing, does find and determin~ the following facts:
1, That the petitioner proposes a watver of the following to construct a
tennis court:
SECTION 18.22.063.010 - Minimum side ard setback.
15 eet requfred; 12 ~t proposed)
2. That the above-mentioned waivcr is hereby gran[ed for a 12-foot high
chainlink fence tocated within the setback area on the basis that [he netitdoner
demonstrated that a hardship extsts in that ~umerous ten~fs cour[s have been
consLructed in the imnediate vicinity with similar stde yard setbacks.
3. That the proposed variance is hereby granted subJect to the
petitioner's sttpulations to provide down ligliting for the tennis co~~;t and that no
light standards shall be located within the 15-foo[ setback area in order to prevent
any adverse impact on the adjoining residential lots.
4, That there are exceptlonal or extraordinary circumstances or conditions
applicable to the property involved or to the inte~ded use of the property that do
not apply generally to the property or class of use in the same vicinity a~d zone.
5, 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 :enied to the property in questton.
6, That the requested variance wtll not be materially detrimental to the
pubiic wetfare or injurious to the property or Tmprovements in such vicinity and zone
in which the property is located.
PC78-129
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7. That no one indlcated their presence at said public hearing in
opposition; and [hat no correspondence was received in opposition to the subJect
pe[itlon.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authoriztd
represeniat ve as eterm ne that t e proposed proJect falls within the definttion
of Categortcal Exemptions, Class 5, as deffned in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and Is, theref~re, categorically exempt from
the requirement to prepare an EIR.
NOU, THEREFORE, BE IT RESOLVED that the Analielm City Pianning Cortmission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in order to preserve the satety and general Nelfar::; of the Citizens of the
City of Anaheim:
1. That subJect proper[y shall be developed substantially in accordance
with plans and specifications on file with the Lity of Anaheirn marked Exhibit No. 1,
provided, however, that all tennis cour[ lighting shall be down-lighting and that no
such fixtures shali be located within [he i5~foot sideyard setback.
IN WITNESS 1J'HEREOF. 1 have hereunto set my hand this 19th day of June, 1978.
~~~ ~ ~ ~~
SECRETARY, ANAHEIH CITY PLANNING COMMISSION
BE IT FURTHER RESOLVED that the Anaheim City Pianning Commission does hereby
ffnd and determine :iiat adop[Ton of this Resolutlon is expressly predicated upon
appllcant's compitance with each and all of the condttions hereinabove set forth.
Should any such condition, or any part thereaf, be declared invalid or unenforceable
by the final Judgment of any court of competent )urisdiction, [hen this Resolutton.
and any approvals heretn contained, shall be deemed null and void.
1978.
THE FOREGOI~IG RESOLUTION is slgned and approved by me this 19th day of June
,•' ~ ! ~
CHAIRMAN~ ANA}E1M CI7 PLANt~ING COMNISSION
ATTEST:
r:r~~. ~ Z~rz.,.~ , d
SELRETARY, ANAHEIM CITY PLANNING CONMIS510~!
STATE OF CAL I FORP! IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L, karris~ Secretary of the Anaheim Ci[y Planning Camilssion~ do
hereby certify that the foregoiny resoluCion was passed and adopted at a meeting of
the Anaheim City Planning Commtssion held on June 19, 1978, at 1:30 p.m „ by thc
following vote of the members thereof:
RYES: CONHISSIOHERS: HARNES, DAVID, HERBST~ JOHNSON. KING, LINN~ TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: CONNISSIONERS: NONE
-?- PC78-t29