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PC 78-234~ e ~~., . 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. / C A ~1 N, ANA E I T P A~i~~ I NG COMM i SS I ON ATTEST: ~~ ,~ ~~..:., 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