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PC 78-131J RESOLUTION N0, PC 78-131 RESOLU'tION OF THE ANAHEIM CITY PLANNING COHMISSION THAT PETITION FOR VARIANCE N0. 3020 BE GRANTED 41HEREAS, the Anaheim City Plannfng Comnission did recetve a verified Petition for Variance fran MICHAEL AND JANET L. BRAOSHAW~ 196 Starlight DrTve, Anaheim~ California 92807 owners of ccrtain real property situated in the City of Anaheim, County of Orange~ State of California described as fotlows: Lot 15 of Tract No. 8949, in the Clty of Anaheim, County of Orange, State of Callfor~ia, as per map recorded in book 3A1, pages 38, 39 and 40 of Miscellaneous Maps, in [he office of the county recorder of said county. WHEREAS, the ~ity Planning Commission dld hoid a public hearing at the City Hal) in the City of Anaheim on June 19, 1978, at 1:30 p,m „ notice of said public hearing having baen duly gtven as requlred by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03. to hear and consider evidence for and againsi sa(d proposed variance and to investiga[e and make fTndings and recorunendatlons in connection therewith; and NHEREAS, sald Commisslon, after due inspection, investigation and study made by itself and in its behalf, and after due co~sideration of aTl evidence and reports offered at sald hearing, d~s find and determine the follawing facts: i. That [he petitioner proposes a waiver of the folloNing to construct a tennis court: SECTION 18.22•063.010 - Hinimum stde yard seiback. 15 eet requtred; 2~eet and 5 feec 7 inches proposed) 2. That the above-mentioncd walvar is hereby granted on Lhe basls that the petitioner demonstrated that a hardshtp exists in that the property is narroH relative to its depth and [hat [here are specimen eucalyptus trees on the rear portion of the property Which restrict che usability of che property, and that strlct aPpllcatlon of the Zoning Code deprives the property of privileges enJoyed by other properties fn the area since the adJacent p~operty co the north and other propertles tn the area have been granted similar variances. 3. That there are exceptional or ex[raordtnary ct~cumstances or condTtlons applicable to the p~operty involved or [o the intended use of the property thaC do not apply generaily to the propcrty or class of use in the same vicinity and zone. 4, That the requested variance ts necessary for the preservatTon and enJoyment of a substanClal property rtght possessed by other property in the samc vicinity and zone. and denled to the property in question. 5. That the ~equested varlance wTll not be materially detrimental to the publtc welfare or ln)uriouc [o the property or improvements in such viclnity and zone in whtch the property Is located. PC78-131 ~. ~ ;, . ,. 6. That no one lndicated thelr presence at sa1d public hearing In opposition; and that no correspondence was received fn oppositlon to the subJect petition. ENVIRONMENTAL IMPACT FINDING: The Pla~ning Director or his authorized representative has dete~mined that the proposed proJect falls within [he defTnttion of Categorical Exemptions, Class S, as defined in Paragraph 2 of the City of Anaheim Environmental ~mpact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW~ THEREFORE~ BE IT RESOLVEO that the Anaheim City Planning Commission does hereby grant subJect Petition for Variance, upon the follrn+ing condittons whlch property in orderdtotpreservee[he5safetyeanJugeneral~welfare ofStheuCitlzense ofbJthe Ctty of Anaheim: t, That subjeci property shail be developed substantially in accordance with plans anJ specifications on file with the City of Anaheim marked Exhib(t No. 1. BE IT FURTHER RESOLVED that the Artaheim City Planning Commission does hereby find and determine that adoption of this Resolutlon is expressly predicated upon applicant's compliance with each and all of ihe conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the finai Judgmeni of any court of competent jurisdiction, then this Resalutlo~, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION Is signed and approved by me this 19th day of June 197~. ,. ~O~ ~~-- CHATRMAN~ ANAHEIM CITY PLANNfNG COMMISSION ATTES': /.~~'/.G~. .C ~~°'?1..tic~ SECRETARY~ ANANEIM G17Y PLANNING LOMMISSION STATE OF CALIFORNIA CUUNTY OF ORANGE ) ss. CITY OF RNAHEIM ) ~~ Edith L. Harris. Secretary of the A~aheim Clty Planning Commisslon~ do hereby certify that the foregoing resolution was passed and adopted at a meeting of th~ Anaheim City Planning Commission held on June 19, 1978~ at 1:3~ p.m., by the followin9 vote of the members thereof: AYES: COMMISSIONERS: BARNES. DAV~D, HERBST, JOHNSON~ KING. LINN, TOLAR NOES: COMNISSIONERS: NONE ABSENT: COMMI5510NERS: NONE IN 411TNE55 WHEREOF~ I have hereunto set my hand this 19th day of June~ 1978• /n ~t~~- SECRETARY~ ANAHEIM CITY PLANNIlIG COMNISSION .2_ PC78-131