PC 78-40RESOLUTinti Nn, PC 7A-4n
RESOLIITIQN OF THE ANANEI'~ CITY PLANNI~lR LON'115510t!
THAT PETITIO`I Ft1P, VIIRIANLC Nn, 2~~7 RE ~Rf1!1TE0
WFfEREAS, the Anaheim City Plannina Commission did receive a verified
Petitlon for Variance from PAT4ICY. M. l1WD JU~ITN N, RYAi!, 1~7 SouCh 5[arlight Drtve,
Anaheim, California °28~7, ormers, of certain real prooerty situated in the City of
Anahcim, County of Orange, State of Californta descrihed as:
Lo[ 15 of Tract No. Sa49, in the City of Anaheim, Couniy of
Orange, State of California, as per map recorded in bonk 3°1,
pages 3g, 39 b 40 of Miscellaneous Maps, in thr. office of the
county recorder of said county.
WHEREAS, the City Planning Commission did hold a public hcarina at the City
Hall in the City of Anaheim on March 13, i°7g. a[ 1:3~ o.n., notice of said public
hearing having been duly aiven as required hy law and in accordance with the
provisfons of the Anahetm Municipal Lode, Chapter 13,03, to hear and consider
evidence for and ag~inst said proposed variance and to fnvestigate ~nd make findings
and recommendations in connection therewith; and
WHEREAS~ said Commission, after due inspectton, investtgation and study made
by ttself and in its behalf, and after due considera[ion of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to construct a
tennis court:
SECTION 13.22.063.010 - Minimum sethack.
15 eet required; 7-1/2 feet and 6 feet
proposed
2. 1'hat the above-mentioned waiver is hereby granted on the basis that the
petitioner demonstraced that a hardship exists in that placement of ihe proposed
faciltty, consisting of a paved court pad and fencing, at a permissible locatio~ on
subJect property would necessitate the removal of several specimen trees.
3. ThaC there are exceptional or extraordinaly circumstances or conditions
applicable to the property involved or to the intended use of the propcrty that do
not apply gene~aliy to the property or class of use in the same victnlty and zone due
to exisiting specimen [rees and a drainage ditch and the lon9 and narrow shape of
subject property.
4. That the requested variance is necessary for the preservatton and
enJoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in that sTmflar requests for watvers of
minimum side-yard setbacks to construct tennis courts have been granted in the area.
5. Tha[ the requested varfance will not be materlally detrimental to the
public welfare or injurious to the property o~ improvements in such vicinity and zone
in which the property is located.
PC78-4o
6. That no one indicated their presence at said public hearing tn
opposition.
ENVIRONMENTAL IMPACT REPORT STATUS: The Planntng Department Director or hts
authorized representative has determined tha[ the proposed project falls within ihe
definttion of Categorical Exemptions, Class 5, as defined in Paragraph 2 of the Clty
of Anahelm Environmental impact Report Gutdelines and is, thereforc, categorically
exenpt f,rom the requirement to prepare an EIR.
NOW, THEREFORE~ BE IT RESOLVED that the Anahetm Cfty Planning Commtssion
does hereby grant subJect Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisitc to the proposed use of ~he subject
property in order to preserve the safe[y and generai welfare of the Citizens of the
City of Anaheim:
1. That subject property shali be developed subscanttally in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No. 1.
THE FOREGOIt~G RESOLUTIOtJ ts signed and approved by me this 13th day of
March, 1978.
ATTEST:
~9
CHA RHAN, ANAHEIM CIT PLANNiNG LOMMISSION
7n,0~ ~ ~c~c~.e
SECRETARY. ANAHEI!1 CITY PLANNING COMM15510fJ
STATE OF CALIFbRNiA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harris, Secretary of the Anaheim City Planning Comm(sston. do
he~eby certtfy that the foregoing resolution Was passed and adopted at a meeting of
the Anaheim Cfty Planning CortmTssion held on March 13, 1978, at 1:30 p.m.~ by the
followi~g vote of the members thereof:
AYES: COMMISSIONERS: BARNES~ DAVID, HERBST, KING, LINN, TOLAR
NOES: COMMlSSIONERS: NONE
ABSENT: COMMISSIONERS: JOHNSON
It~ NITNE55 41HEREOF~ 1 have hereun[o set my hand this 13th day of March.
1978.
~,2c,~,~iC ~ ?fa.v-,~~
3ECRETARY~ ANAHEIM CITY PLANNING COHMISSION
-2- Pt78-40