PC 78-234~
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RESOLUTION N0. PC 78-234
A RESOLUTION OF THE ANAHEIM CITY PLANt~ING COMMISSION
THAT PETITION FOR VARIANCE N0. 3052 BE GRANTED
WHEREAS, the Anaheim Ltty Planning Comnission dtd receive a verifted
Petttion for Vartance from REED D. AND FLORENCE M. CONKLE~ 402 Ftorette 5[reet.
Anaheim, CalifornTa 92904, owners of certain r~al property situaced In the City
of Anaheim, County of Orange. State of California described as:
Lot 16 of Tract No. 1728, as shown on a map Lhereof recorded in
book 73, pages 49 and 50, Miscellaneous Maps, records of said
Orange County.
WHEREAS, the City Planning Commisslon did hold a public hearinq at the City
Hall in [he City of Anaheim on October 9, 1978, at 1:30 p.m., notice of sald publlc
hearing having been duly given as required by law and in accordance with the
provisions of the Anahelm Muntclpal Lode. Chapter 18,03, to hear and consider
evidence for and against said proposed variance and to investigate and make ftndings
and recommendations in connection therewith; and
k~HEREAS. said Commission, after due inspectfon, Investtgatlon and study made
by itself and in its behalf, and af[er due consideration of all evldence and reports
offered at said hearin9, does find and determine the following facts:
1. That the petitioner proposes a waiver oF ihe following to construct a
family-room addition:
SECTIOtJ 18.04.042.040: Minlmum structural setback.
15 eet rom a cul-de-sac required;
5 feet propased~
2. Tha[ the ~above-mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardsh(p exists due to the unusual shape and locatian
of subject property which ts a reversed corner lot also located on the curved portion
of a cul-de-sac.
3. That the petttloner indicatEd the existing fence on the ncrth property
line (West Eim Avenue) would not be located immediately adJacent to the proposed
famlly-room addition and, [herefore, would not block accesslbilityto the sides of the
house.
4. That there are exceptional or extraordinary circumstartces or condltlons
appilcable to tha property inyolved or [o the Tntended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
5. That the requested variance is necessary for the preservatlon and
enJoyment of a su6stantial property right possessed by other property in the same
vicintty and zone, and denled to the property in ques[fon,
6. That [he requested vartance wtll not be matertalty detrimental to the
public welfare or injurfous to the property or improvements tn such vicintty and zone
in which the property Is located.
PC78-234
7. That no one indicated thelr presence at sald publfc hearing in
oppositton; and [hat no correspondence was recetved in opposition to the subJect
petition.
EPIVIRONMENTAL IMPACT FINDING: The Planning Director or hIs authorized
representat ve has determ ned that the proposed proJect falls within the definit(on
of Categorical Exemptions, Class 5, as defined In Paragraph 2 of the Cfty of Anahetm
Environmental Impact Report Guldelines and is, therefore, categorfcally exempt fran
the requirement to prepare an EIR.
NON, THEREFGRE, BE IT RESOLVED that the Anahetm Ci[y Planning Commission
does hereby grant subject Petttion for Variance, upon the following condition which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in order to preserve the safety and generai welfare of the Cittzens of the
City of Anaheim:
1. That subjeci property shall be develaped substanttally in accordance
with plans and specificatfons on file with the City of Anaheim marked Exhibit No. i.
BE IT FURTHER RESOLVED that the Anaheim City Plannin9 Lommission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's complfance with each and ali of the conditions hereinabove set forth.
Shouid any such condition, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court of competent Jurisdiction~ then thts Resolutlon,
and ary approvals heretn contained, shall be deemed null and votd.
THE FQREGOIN~ RESOLUTIO!! ts signed and approved ty me thts yth day of
Ociober, 1978.
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C A ~1 N, ANA E I T P A~i~~ I NG COMM i SS I ON
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commtssion, do
hereby cartify that the foregoi~g resolution was passed and adopted at a meeting of
the Anaheim City Planning CommissPon held on Octaber 9, 197$, aC 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: DARNES, BUSHORE. DAVID, HERBST, JOHNSON~ KI?JG, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN ~IITNESS 1~MEREOF~ I have hereunto set my hand this 9th day of October,
1978.
SECRETAR~~~ ~~^~~3r$~~
-2- PC78-234