PC 78-192RESOLUTIOt! N0. PC78-192
RESOLUTIOt~ OF T}~E AI~ANEIN CITY PLlUINI~IG COMMISSI0t1
TIIAT PETITION FOR VARIlWLE N0. 3038 BE GfiAN7ED
NHEREAS, the Anaheim City Flanning Commission did receivc a verified
Petition for Variance from FIERNAN D. AND JUUITIi M. YOU~JGY.E17, 930 South Emerald
Street, Anahcim, California 928o1~~ ~ncrs of ccrtain real property situated in the
City of M aheim, Gounty of Orange, State of California described as:
Lot 70 of tract 242G, as per map recorded in book 72 pages 3~-31
of miscellaneous maps, in the office of the county recorder of
said county.
NHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of M aheim on August 14, 1978, at 1:30 p.m,, notice of said public
hearing having been duiy given as required by la~+ a~d in accordance with the
provisions of the Anaheim Municipal Co~e, Chapter 1£3.03, to hear and consider
ev(dence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewfth; and
1lHcREAS, said Cor,mission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, docs finJ and determine the following facts:
1. That the petitioner proposes waivcrs of the folla+ing to construct a
redwood fence:
(a) SECTION 1$.04.043.~~Z - Maximum fence heiyht.
i2 inches pertnitted in fron[ setback;
eet proposed)
(b) S[CTION 13.26.OG3.Oi1 - Minimum front setback.
25 eet required or a front-on garage;
2~ eei proposcd)
2. That the above mentio~ed waivers are hereby granted on che basis that
th~ petitioner demonstrated [hat a hardship exists due to thc size of the property
and the placement of [he house which restric[s recreational use of the rear yard;
that the six-fooi high fence is necessary to provide safety for the proposed swimming
pool and lt witl not restrict visibility along the street; and that the 20-foot wide
driveway is existing and met Code requiremenis when the property was originally
develaped and the only modification being made is converting the garage from a side-
on to ~ frnn[-on.
3, That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the propcrty that do
not apply 9enerally to the property or class of use i~ the same vicinity and zone.
4. That [he reques[ed variance is necessary for the preservation and
enjoyment of a substintial property rTyht possessed by other property in the same
vtcinity and zone, and denied to [hc property in questiun.
Pt78-192
5. That the rcquested variance wiil not bc matcrially detrimen[al to the
public welfarc or injurious to the prapcrty or improvements in such vlcinity and zone
in which the property is located.
6. That one person indicated Lheir p~esence at said public hearing Tn
opposition; and that no correspondente was received in opposition to the subject
petition.
ET~VIRO~IMEN7AL IMPACT FINDIi1C: The Planning Director or his authorized
representative has determined that the proposed proJect falis Mithin the definition
of Ca[eyorical Exemptions, Classes 3 and 5, as defined in Paragraph 2 of the City of
Anaheim Environmental impact Report Gutdelines artd is, therefore, categorically
excrnpt from the requiremen[ to prepare an EIR.
N~W~ TNEREFORE, BE IT RESOLVED that the Anahcim City Piannin~ Cor,mtssion
does hereby grant subJect Petition for Variance, upon the foilowing condition which
is hereby found to be a necessary prerequisite io the proposed use of the subject
property in ordcr to prescrve [he safety and general welfare of the Citizens of the
City of Anaheim:
1. 7hat subject property shali be devetoped substantially in accordance
with plans and specifications on file wtth the Ci[y oF Anahcim ma~ked Exhib(C Ho. 1.
BE IT FUkTtiER RESOLVED that thc A~alieim City Planning Conmission docs hcreby
find and dc[erminc that adoption of this Resolution is expressly predicated upon
applican['s compiiance wich each and all of the conditions hereinabove set farth.
Should any such eandition, or ar~y part thereof~ be csectared invalid ar unenforceabTe
by the final jud9ment of any court of competent jurisdiction, then [his Resolution,
and any approvals hercin co~tained~ shall be dcemed null and vaid.
TiiE FORECOIt~G R~SOLl~T10N is signed and approv d by nc this i~th day of
August 1973.
u ,~~ t uriiuc conrt~s ~ -+
A7TEST:
~~~ ~ ~~~
~ c~4 . v e n T +~ r~ nr+ 313~i
STATE OF CALIFORNIA )
COU!ITY OF ORANGE ) s:.
Cil'Y OF AtlAF1EIH )
I, Edtth L. liarris~ Secretary of the Anaheim City Planning Cortnission. do
hcreby certify that the foregoing resolution was passed and adopted a[ a mceting of
thc Anaheim City Planning Commission held on ~.ugust 1-+, 1978, at 1:30 p.n.. by thc
following vote of the members thcreof:
AYES: COMHISSIONERS: BARtlES, DAVID, NER65T, .lOfiNSON, KING, LINN
NOES: COMMISSIONERS: NONE
ABSEt~T: COHMISSIONERS: TOLAR
IN HITNESS WFIEREOF~ 1 have hereunto set my hand this 14th day of August
1978.
<~ ;(d ~~. .Z~ ~~~t~r.,.~..-
SECRETAR`!. ANA!{EtM Ct71f PIAtlNltlG GOrYlSSION
-2- PC78-19z