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PC 78-133RESOLUTION N0. PC 78-133 RESOLUTION OF TNE ANAHEIM CITY PLA~IkING CONHISSION THAT PETITION FOR VARIANLE N0. 3022 BE GRANTED blFiEREAS, the Anahcim Lity Planning Commission did receive a verified Peti[ion for Vartance from GLENN R. AND BERNA.pETTc' F. CARTER, 14241 East Hayward Street, Whittier, Lalifornia 90605. owners. and BARBARA DUtIN, 8it South Euclid Street, Anahcim, California 92804, agent, of certain real proper[y situated in the City of AnaheTm, County of Orange, State of Caltfornia described as: Lot 18, Tract 2161. Assessor's Map Book 34, Page 42, County of Orange. WHERERS~ the City Planning Commission dfd hold a public hearing aY the City Hall tn the City of Anaheim on June iq, 1978, at 1:30 p.m., notice of said public heartng having been duly given as required by law and in accordance with the provisions of [he Anaheim Munictpal Code, Chapter 18.03, to hear and consider evidence for and agaTnst said proposed varlance and to tnvestigate and make findings and recormendatlons in connection iherewith; and WHEREAS, said Lcmmission, after due inspection, investigation and study made by itscif and in its bchalf, and ~ftcr duc considcracion of all evidcnce and reports offered a*_ said hearing, does find and determine the folloNing facts: 1. That the petitioner proposes waivers of the follorring to permtt an existing illegal garage conversion: (a) SECTION 18.26.063.Q20 - Minimum side ard setback 5 eet requtred; 3 eet existing) (b) SECTION 18.26,056.011 - T e of ar~ing spaces. 2-car garagc requ)rcd; 2-space carport existing) 2. That the above mentioned waivers are hereby granted on the basis that the petltioner demonsirated that a hardship exis[s in that the 9arage conversion has been ln existence for 18 years with no adverse effects on the surrounding area and that adequate on-site parking is available in the driveway. 3. That there are excepttonat or extraordinary circumstances or condTCtons applicable to the property Involved or to [he intended use of [he property that do not apply generally to the property or class of use in ihe same vicinity and zone. 4. That the requested variance is necessary for the preservatTon and enJoyment of a substantial property right possessed by other property in the same vicinity and zone~ and dented io [he property Tn question. 5. That the requested var;ance will not be materlally detrimental to the publlc welfare or InJurtous to the property or improvements in such vicinity and zone in which che property (s Iocated. PC78-t33 6. That no one indicated thel~ prese~ce at said publlc heartng In opposition; and that no correspondence was recetved in opposttion to the subJect petition. ENVIRONMENTAL 1MPACT FINDING: The Planning Director or his authorized representative has determtned that the proposed proJect falls within the deftnition of Categoricat Exemptions~ Classes i and 3, as defined in Paragraph 2 of the City of Anaheim Environmental Impact Report 6uidelinr, and is. therefore, categortcally exempt from the requirement to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVED that the Anaheim Ctty Planning Commission does hereby grant subJect Petition for Variance, upon the fotlowing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the existing structure shall be brought up [o the minimum standards of the Ctty of Anaheim~ inctuding the Uniform Building. Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 2. That subJect property shali be developed substantially in accordance with plans and spectfications on file wtth the Ctty of Anaheim marked Exhibit No. 1. 3. That Condition No. 1, above-mentioned. shall be complted with prtor to the cormencement of the activity authorized under this resolution, or prtor to the tlme that the butlding permii is issued or withln a pertod of ninety (90) days from date hereof, whichever occurs ftrst, or such further time as the Planning CommTssion may grant. 4. Tha[ Condition t~o. 2, above-mentloned, shall be complied with prlor to final building and zoning tnspections. B~ (T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolutton is expressly predicated upon applicant's ca~pllance ~ith each and all of the condTtions hereinabove se[ for[h. Should any such c~ndition~ or any part thereof~ be declared invaltd or unenforceable by the flnal judgment of any court of competent jurisdiction~ then this Resolutton~ and any approvals herein contained, shati be deemed null and votd. 197~. THE FOREGOING RESOLUTION is slgned and approved by me this 19th day of June ~ ~~~/~s~ CHAI AN, ANAHE~H LITY LANNIPIG COHMISSION ATTEST: `~,~.~. ~ ~:e. SECRETARY, ANAHEIM CITY PLANNING COMHISSION STATE OF CAL 1 FOR~t I A) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Harris, Secretary of the Anaheim City Planning Commisslon, do hereby cartify that the foregotng resolut(on was passed and adopted a[ a mcettng of -2- PC78-t33 /~ ~ ~ ~ the Anaheim City Planning Commtsslon held on June 19, 1978~ at 1:30 p.m,, by thc following voxe of thc members thereof: AYES: COMMISSIONERS: BARNES, DAVID~ JOHNSON~ KING, LINN~ TOLAR NOES: COMMISSIONF.RS: NONE ABSENT: COMHISSIONERS: HERBST IN WITNE55 WHER~OF, I have hereunto set my hand thls 19th day of June~ 1978. S~CRE ~ Y~AHEIM C1~~ ANNING COMMISSION ~3- PC78-t33 1: