PC 78-217°Q RESOLUTIOIJ N0. PC 7~-217
A RESOLUTIO~I OF THE A"IAF1E111 CITY PLANNING COMMISSION
THAT PETITIOt! FOR VARiANCE N0, 3046 DE GRAtITED
WHEREAS, the Anaheim City Planning Canmisslon did receive a verified
Petition for Variance from JAMES J. A~7D NANCY TOZZIE, 992 South Chantilly Street,
Anaheim, California 92306, ormers of certain real property situated tn the City of
Anaheim, Coun[y of Orange, State of California described as:
Lot 145 of Tract No. 471f., in the City of Anaheim, as shown on a
map recorded in book 171, pages 3~, 37. 3P and 39 of 1liscellaneous
Maps, records of Orange County, California.
UHEREAS, the City Planning Lommission dId hold a public hearing at the City
Hall in the City of Anaheim on September 11, 1978, at 1:30 p.m., notice of said
public hearing having been duly 91ven as renuired by law and in accordance with the
provisions of the Anaheim Municipal ~ode, Chapter 18,03, to hear and consider
evidence for and against said proposed variance and to investigate and make ftndings
ar,J recommendatior~s in connection therewl[h; and
uHEP,EAS, said Com~ission, after due inspection, irvestigation and study made
by itself and in its behalf, anJ after due constderation of all evidence and reports
offered at said hearing, does find and determine thc following facts:
1. That the petitioner Proposesa waiver of the following [o construct a 6-
foo[ high btock wall:
SECTi~f7 18.04.043.102 - Maximum wall hei ht.
7. ~ches permitted; 6 feet proposed)
2. That the above mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that subJect property is a doubie
reversed corner lot and the proposal aril) providr maximum use of Lhe northerly stde
yard and will not restrirt visibiliiy along the adjacent street and the «}acent
property because said wall will be curved to the stree[.
3. That there are exceptional or extraordinary circumstances or conditions
applicabie to the oroperty involved or to the ln[ended use of the property that do
not apply generaily to the property or class of use in [he same vicini[y and zone.
4, That ihe requested variance is necessary for the preservation and
enjoyment of a substantial propcrty right possessed by other property in the same
vicfnity and zone. and dented to the properLy in question,
5. That the requested varlance will not ba materially detrimental to the
public a+elfare or inJurious to the pruperty or improvernents in such vicinity and zone
in which the property is located.
6. That no ane indicated their oresence at sald public hearing in
opposition; and that no correspon~ence was receTved in oppositton to Lhe subject
pe[ition.
PC7o-217
t, / ,
ENVIRONMENTAL INPACT FINDING: The Planning Director or hls authorized
representat ve as determ ne t at tie proposed project falis within the definition
of CaCegorical Exemptlons, Class 5. as deTined in Paragraph 2 of the Clty of Anahelm
Environmental Impact Report Guidelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEfiEFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subJect Petition for Varia~~ce, upon the foilowing conditlons which
are hereby found to be a necessary prereqvisite to the proposed use of the subJec[
property in order to preserve the safety and c~eneral welrare of the Citizens of the
City of Anahcim:
i. That subject proper[y shall be developed substantlally in accordance
with pians and speclfications on file with the City of Anaheim marked Exhibit No. 1.
BE iT FURTFtER RESOLVED that the Anahefm Clty Ftanning Cormnission does hereby
find an6 determine that adoption of this Resolution is exFressly predicated upon
appiicant's compliance wtth each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceabte
by the final Judgment of any court of competent Jurlsdiction, then this Resolution,
and any approvals herein contained, shall be deeme~ null and vold.
THE FOREGOING RESOLUTION is signed and approved by me this llth day of
September, 1978. ~ --1~ /~'~ ,
R N, AN EI LITY LANNI~~r, COMHISSION
ATTEST:
~.di s~ ~ ~~~s
SELRETAR , ANAHEIM CITY PLANNING COtiMISSiOtJ
STATE OF CAL1FORttik }
COUNTY OF ORAlIGE ) ss.
CITY OF ANAHEIFI )
1, Edith L. Harris, Secretary of the Anaheim City Plannir~g Commission, do
hereby certifq that the `oregotng resolution was passed and adopted at a meetin~ of
the Anaheim City Planning Commission held on September 11, 1976 at 1:30 p.m., by ihe
following vote of the members thereof:
AYES: COMNISSIONERS: BARNES, DAVID, HERBST, KItIG, TOLAP,
NOES: COMMISSIONERS: NONE
ABSENT: COMMIS.SIONERS: JOHNSON
VACA~dY: ONE SEAT
1978.
IH WIT~IE55 WHEREOF~ I have hcreunto set my hand this ilth day of Septem6er.
`~~ ,~° ~~„ :_
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
-2- PC78-217