PC 78-279RESOLUTION N0. PC 78-279
RESOLUTION OF THE ANAHEIM CITY PLANNING COHh115510N
THAT PETITION FOR VARIANCE N0. 3064 9E GRANTED
WHEREAS~ the Anaheim City Planning Commission did receive a verified
Petitlon for Variance from DEA~~ R. JONES, 4530 Cerro Vtsta Drive. Anaheim~
CalTfornia 92807, owner~ and PERRY R. MANSELL~ 15536 Leahy, Beliflower, Californla
92680, agent. of certain real property situatr_d in the City of Anahelm, County of
Orange~ State of Californla described as:
That portion of Lot 28 of Tract Ho. 59. Peralta HTlls Tract No. 2,
in the Lity of Anaheim, County of Orange. State of Callfornia, as
per map reacorded In Book 10, Page 18 of Miscellaneous Maps~
records of said County. described as follows: Begfnning at a
point in the Northerly line of said Lot 28, distant North 82° 40'
00" Nest 50.00 feet thereon from the Easterly tcrminus of that
certaln course in satd Northerly line shown on a Map as North 82°
40' West; thence South 28° 58' S4" East 294.72 feet; thence South
61°'~O1' 06" West 109.00 feet to the true point of beginning;
thence North 61° 04' 45" West 157.56 feet; thence North 2° 06' 15~'
East 225.00 feet to [he Southerly line of Cerro Vista Drive, 40.00
feet wide as shown on the Map of sald Tract; thence along said
Southerly line North AZ° 40' 00" West 20,08 feat; thence South ~
06' 15" West 225.00 fee[; thence North 82~ 40' 00" West 70.00
feet; thence North 7° 20' 00" West 132.20 feet; thence South 36~
04' 03" East 119.26 feet; thence South 65°'' 42' 08" East 75.85
feet; thence North 31° 29' 38" East 200.58 feet to tha true poTnt
of beginning. Also shown as Pa~cel 1 0~ a map recorded in Book 9,
Page 14 of Parcel Maps. in the offtce of the Orange County
Recorder, State of Californta.
WHEREAS~ [he City Planning Commission did hold a public hearing at the City
Hall in the C1[y of Anaheim on December 4. 1978, at 1:30 p.m., notice of saTd public
hearTng havtng been duly given as requlred by law and tn accordance with the
provisions of the Anaheim Munlcipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recartnendations in conneciion therewith; and
WHEREAS~ sald Commisslon, after due inspection, investlgatton and study made
by itself and Tn its behalf, and after due consideration of all evidence and reports
offered at safd hearing, does find and determine the following facts:
1, That the petitioner proposcs a Nalver of the following to construct a
tennts court:
SECTION 18.22.063.010 - Minimum structural setback.
15 eet requ red;
5 [0 10 feet proposed)
PL78-277
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2. That the above-mentloneJ Halver is hereby granted to permit a tennis
court enclosed by a 10-foot high chainllnk fence on che basis that the petittoner
demonstrated that a hardship exists in that denial would be deprlvtng subJect
property of privileges being er.Joyed by othcr properties In the same zone and
vicinity,and that a sideyard encroachment consisting of a tennis court wtil not
adversely impact adJacent properties.
3. That there are exceptlonal or extraordinary clrcums[ances or condTtions
applicable to the property involved or to the Intended use of the property that do
not apply generally to the property or class of use in tha same victnity and zone.
4, That the requested vartance is necessary for the preservation and
enjoyment of a substan[1a' property right possessed by other property in the same
vicinity and zone, and denicd to the property in question.
5. That the requested veriance wTll not be materfally detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
6. That no one i~dicated their presente at said public hearing in
opposition; and that no correspondence was received in opposTtion to the subJec[
petition. .
ENVIRONMENTAL IHPALT fINDING: The Planning Director or his authorized
representative has determined that the proposed proJect falls with(n the deftnition
of Categortcal Exemptions, Class it, as defined in Paragraph 2 of the City of Anaheim
EnvTronmental Impact Repor[ Guidelines and ts. therefore. categorically exempt from
the requirement to prepare an EIR.
NON, THEREFORE, BE IT RESOLVED that the Anaheim LTty Planning Commission
does hereby grant subject Petttion for VarTance, upon the following conditlons Nhich
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in order [o preserve the safety and generai welfare of the Citizens of the
Ctty of Anaheim;
1. That subJect proper[y shall be developed substanttally in accordance
with plans and specif(ca[ions on file with the City of Anaheim marked Exhibft No. 1.
BE IT FURTHER RESOLVED that [he Anaheim Ctty Planning Camnission does hereby
fTnd and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance Hith each and all of the conditions hereinabove set forth.
Shoutd any such condttlon~ or any part thereof~ be declared Tnvaltd or unenforceable
by the final judgment of any court of competent Jurisdictlon, then this Resolutton,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOIIdG RESOLUTION (s signed and approved by me thls 4th day of
December, 1978. - I
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, 1 ITY ANNING COMMISSION
ATTEST:
~'~ ~ .1.° .~,~.
SECRETARY~ ANAHEiH ITY LANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF OFtANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris~ Secretary of the Anahetm Ctty Planning CommTsston, do
hereby certtfy that the foregoTng resolution was passed and adopted at a meeting of
the Anaheim City Planning Commisston held on December 4~ 1978~ at 1:30 p.m., by the
following vote of the members thereof:
AYES: CGMMISSIONERS: BUSHORE~ DAVID~ HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: BAP,NES~ JOHNSON
IN WITNESS bM EREOF, I have hereunto set my hand this 4th day of December,
1978.
`~.~~'~ ~ ~,
SECRETARY~ ANAHEIM CITY PLANHING COMMISSION
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