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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 , 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