PC 78-185RESOLUTION M0, PC 78-185
A RESOLUTION OF THE ANAHEIM CtTY PLANNING COMMISSION
THAT PETITION FOR VARIAt~LE N~. 3037 BE GRA~ITED IFt P4RT
WHEREAS~ the Anaheim City Planning Commisslon did receive a verified
Petitlen for Variance from TIMOTNY JAY AND MAROIYN L. MILLER~ 160 South Valley View
Placc, Anaheim, California 928~.'. ~ers of certaln rea) property situated in the
City of Anaheim~ County of Orange, State of Lalifornla, described as:
Lot 5 of Tract No. 8949~ in the City of Anaheim~ County of Orange,
State of Californta, as per map recorded in book 38~. Pages 38, 39
and 40 of Miscellaneous Maps, in the office of the county recorder
of said county.
11HEREAS, the City Planning Commission did hold a public heartng at the City
Hal! in the City of Anaheim on July 31. 1978, at 7:00 p,m., notlce of said public
hearing having been duly given as requlred by law and in accordance with the
provlslo~s of the Anaheim Municipa) Lode, Chapter 18,03, to hear and consid~r
evidence for and against said proposed varlance and to investigate and make findings
and recommendations in connectlon therewith; and
WNEREAS, satd Commlssion, after due inspectlon, lnvestigation and study made
by itself and in its behalf~ and after due consideratlon of ali evidence and reports
offered at said hearing, does find and determTne the folloHing facts:
1. That the petitioner proposes a waiver of the followtng to construct a
tennls court and accessory structures:
SECTION 18.22.063.010 - Minimvm s[ructural setback.
15 eet required;
,~ 5 and 10 feet proposed)
2. That the proposed waiver is granted, in part, for the tennis court
facillty only. to allow a 12-foot high chaln-link fence to be located approximately
l0 fee[ from the northerly propcrtv line on the basls that denlal would deprive thTs
property of privlleges bei~g enJoyed by other propcrties in the (mmed(ate area and
that the chainlink fencing wtli not be a visual barrter~ and subJect to thc
petltloner's stipulation tnat alt tennis court itghting shatl be drnmlighting.
3, That the proposed waiver is hereby denied for the accessory st~uctures
consisting of a toilet/shower factlity and greenhouse/lathhouse because such
structures would be a soiTd Intrusiort lnto the setback areas.
y, That there are exceptlonal or extraordinary circumstances or conditlons
appllcabte to the property involved or to the tntended use of the property that do
not apply generaily to the property or class of use in the same vtcinity and zone.
5, That the requested vartance, as granted. is necessary fo~ the
preservatlon and enJoyment of a substantial p~operty right possessed by other
property In the same vlcinity a~d zone~ and denied to the property ln question,
PC78-185
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6, That the requested variance~ as granted, will not be materially
detrTmental to the public welfare or inJurious to the property or improvements in
such vicinlty and zone ln which the property is located,
7. That no one indlcated their presence at sald public hearing in
opposition; and that no correspandence was received in opposition to the subJect
petition.
ENVIRONMENTAL IMPACT FINDING: 7he Planning Director or his au[horized
representat ve as determined that t e proposed proJect falis wi[hin the defTn(tion
of Categorical Exemptions, Classes 3 and 5~ as defined in Paragraph 2 of the City of
Anaheim Env(ronmental Impact Report Guidelines and is~ therefore, categorTcally
exampt from the requTrement to prepare an EIR.
NOW, THEREFORE~ BE IT RESOLVEO that the Anaheim Ctty Planntng Commission
does hereby grant, in part, subJect Petition for VarTance. upon the fo3lowtng
conditions which are hereby found to be a necessary prerequisite to the prapused use
of the subJect property in order to preserve the safety and general welfare uf the
Litizens of the City of pnahetm:
l. That subject property shall be developed substan[ialiy in accordance
with plans and specifications on file wlth the City of Anahelm marked Exhibit No, t,
provtded, however~ that no structures othe~ than the tennis court and chainlink
fencing shall be located in the 15-foot se[back areas adjacent to the property lines.
BE IT FURTHER RESOLVED that the Anahetm Ctty Plannin9 Commission does hereby
find and determine that adoption of this Resolution is expressiy predlcated upon
applicant's compltance with each and all of the conditions hereinabave set forth.
Should any such condition, or any part theroof~ be deciared invalid or unenforceable
by the f1na1 Judgmen[ of any court of compe[ent Jurisdtction, then thls Resolution.
and any approvais herein conta(ned, sha11 be deemed rtult and vold.
THE FOREGOING RESOLUTION is signed and approved by me this 31st day of July
1978.
~
CH R , AH . Y NING COMMISSION
ATTEST:
~~ .~.° ~..;
SECRE~AR , ANAiiE1M 1 LANNING OMMISSI6N
-2- Pc78-~85
~ :~ ~ .
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
t, Edlth L. Harrls~ Secretary of the Anahelm tlty Planning CortmissiQn. do
hereby certify that the foregofng resolution was passed and adopted at a meettng of
the Anaheim Ctty Planning Cammission held on July 31~ 1973, at 1:30 p.m.~ by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES~ DAVID. HERBST, JOHNSON, KING, TOLAR
NOES: COMMISSIO~IERS: NONE
ABSENT: COMMISSIONERS: LIMN
IN NITNESS I~M EREOF, 1 have hereunto set my hand thTs 31st day of July, 1978.
~~ a~ ~l~;~
SECRETAR , A~lANE~H CtTY PLA~t~lt~IG COPIHISSIC'!1
-3- PC78-185