PC 78-189'~
' .. -,
RESOLUTIOf! IJO. PC78-189
A RESOLU710ti OF TIIE A~~f~FiElt1 LITY PLiU~N1i~G COMMISSION
THAT PETITIOq FOR VARIANCE fJO. 3041 ~C• GRA~ITED, Iti PART
WIIEREAS, the Anaheim Lity Ptanning Commission did receive a ver(fied
Petition for Variance from AtIDRE4! N. ANU LIFIDA T. KLEIti, 191 Starlight Drive,
Anaheim. California 92(307, owners, and T. H. FORFiAtJ L ASSOCIAT[S. 12812 Garden Grovc
Boulevard, ~'f1, Garden Grove, CaliFornia 92G43, agent, of certain real property
situated in the City of Anaheim, County of Oran9e, Statc of California described as:
Lot tp of Tract Mo. 8949, as per map recorded in book 381, Pages
38. 39 anJ 40 of Hiscellaneous Maps, in the office of the county
recorder of said county.
WHEREAS, the Ci[y Pla~ning Comnission did hold a public hearing a[ the City
Hall in the City of Anaheim on August 14, 197$, at 1:3fl P•m•, notice of said public
hearing having been duly given as required by ~~"+ a~~ton hca~rdande consider
provisions of the M aheim Municipal Code, Chapter 16.0;,
evi~ence for and against said proposed variance and to investigate and make findfngs
and recommendations in connection therev+i[h; and
WIicREAS, said Comnission, after due inspection, investigation and s[udy made
by itself and in its behalf, and after due considera[ion of all evidence and reports
o£fered at said hearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to construct
accessory living quarters, garage and fence:
(a) SEC710N 1o.~4.Q43.t01 - Maximum fence height.
(~ ni ches p~d in fron[ setnack
area; T f~e[ proposed)
(b) SECTIOP~ 15.22.063.~~~ - M~~~feetsrequired, Se3bac~eet p~aposed)
2, 7hat the proposed waiver (a) is hereby granted to permit a 6-foot high
decorative brick pilaster and w rough[ iron fence near Starlight Drive on the basis
that denial riould deprive this property af a priviiege being enjoyed by other
properties in the same vicinity and zone and on the basis [hat it is not a solid wall
and will not block visibility along Starlight Drive.
3, That the proposed waiver (b) is hereby denied on the basis that subject
property is of an adequate size [o allow construction of the accessory living
quarters and garage without a variance.
4, That there are exceptional ar extraordinary circurtistances or conditions
applicable to the pro~erty invol~enerall~ tohthe1property reclass ofruseein the same
property that do not apply g Y
vicinity and xo~e.
5. That the requested variance~ as granted, is necessary for th~
propertytinnthe~same~vicinityfand zonestandidenied torthe propertyoTnequestion, other
PC78-189
6. That the requested variance, as granted, will not be materially
detrimental to ihe public welfare or injurious to [he property or improvements Tn
such vicinity and zone in which the property is located.
7. That no one tndicated their presence at said public heartng in
opposition; a~d that no correspondence was receiv~d in oppositfon to the subJect
petition.
ENVIROI~MENTAL IMPACT F~NDING: The Planning Director or his authorized
representative has determined that the proposed proJect falls within the definttion
of Categorical Exempttons, Classes 3 and 5, as defined in Paragraph 2 of ihe City of
Anaheim Environmental impact Report Gutdelines and fs, therefore, categorically
er,empt from the requirement to prepare an EIR.
NOw, THEREFORE, BE IT RESOLVED that the Anaheim Ciiy Planning Camiission
does hereby grant, in part, subject Pet(tion for Variance, upon the following
conditlon whtch is hereby found to be a necessary prerequisite to the proposed use of
[he subJect property in order to preservc the safety and 9eneral weifare of [he
Citizens of the City of Anaheim:
1. That subJect property shall be developed substantially in accordance
with plans and specifications on file with the City of Anahelm marked Exhibit Nos. 1
and 3; provided, however, that the proposed 2-story accessory living qua~ters and
garage shall be set back a minimum of 1$-feet from adJacenc property lines.
BE IT fURTHEP. RESQLVED tha[ the Anaheim City Planning Cor,mission does hereby
find and determine that adoption of this Resolution Is expressly predicated upon
appiicant's canpitance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof~ be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvais herein contatned~ shall be deemed null and vold.
TFIE FOREGOING RESOLUTION is signcd nd approved by me chis 14th day of
August 1978. ~ ^~/J ~ /
CH~TR!~fAN, A~IAHEtF1 ~YTY PLANNING COMMISStON
ATTE57:
~~ ~ ~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSIUN
-2- PC78-189
s.; (}
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANANEIM )
I, Edith L. Harris~ Secretary of the Anaheim City PlannTng Commission~ do
hereby certify that the foregoing resolutlon was passed and adopted at a meeting of
the Anaheim City Planning CommfssTon heid on August 14~ ig78, at 1:30 p.m., by the
followin9 vate of the members thereof:
AYES: COMtfI5S10NER5: BARNES, DAVID, HERBST, JOHNSON, KING~ LINN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLAR
1978.
IN W~TNE55 WHEREOF, I have hereunto set my hand this 14th day of August
"~~. .~' z/~..t.
SECRETARY, ANANEIM C t LANM NG C MMI55 ON
-3- PC78-189