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
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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