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PC 78-46~ RE50LUTION N0. PC 78-46 RESOLUTION OF THE ANAHEIM CITY PLANNING CO!1MISSION TNAT PETITION FOR VARIANCE N0. 2992 BE GRANTED WHEREAS, the Anahelm Ci[y Planning Carnnission did receive a varifled Petition for Variance from WILLIAM K. AND YVONNE L. HYt1AFl, 2510 West Glencrest Avenue~ Anaheim, California 92801, owners, and MARK H. FOUCHER, 3376 West Lincoln Avenue, Anahelm, Califor~yia 92801, agent, of certain real property situated in the City of Anahelm, County of Orange, State of California described as: That portion of the Southwest quarter of the Northxest quarter of Sectlon 7, Township 4 Sou[h, Range 10 West, in the Rancho Los Coyotes and Rancho San Juan Cajon de Santa Ana, City of Ananeim, County of Orange, State of Califurnia, as per map recorded in book 51, page 10, Miscellaneous Maps, in the ofrice of the County Recorder of said Orange Co~nty, described as follows: Beginning at a point in the South line of Glencrest Avenue, 54.00 faet wide as shown on a map of Tract No. 2118, recorded in book 63, Pages 37 and 38, Miscellaneous Maps, in the office of the Count~ Recorder of said Orange County, said point being distant Morth 88 55' t5" East 60.76 feet to the Northeas[ corner of Lot 31 of said Trac[ No. 2118; thence continuing North 88° 55' 15" East 60.?7 feet to an angle point in the Easterly line of said Tract No. 2118; thence South 0° 23' 43" East along the Southerly prolongation of the Easterly line of said Tract P7o. 2118, a distance of 100.00 feet; thence South 88a 55' 15" West parallel with said South line of Glencres[ Avenue 60.17 feet; thence North 0° 44' 14" West 1QO.OD feet to the point of beginning. WYEREAS, the City Planning Commission did hold a pub]tc hearing at the Ctty Hall in the City of Anaheim on March 13, 1978, at 1:30 p.m., notice of said public hearing having been duly glven as required by lar~ and in accordance with the provisions of the Anaheim Munfcipal Code, Chapter 18.03, to hear and consTder evidence for and agains[ said proposed variance and to investiaate and make findings and recommendations In cannectio~ therewith; and WHEREAS, said Comiission, after due lnspectlon, fnvesti9atton and study made by ltself and in its behalf, and after due constderation of all evidence and reports offered at said hearing, doi:s find and determine the following facts: 1. That the petitfoner proposes a waiver of the following to permit an existing illegally enclosed patio: SECTION 18.26.062.020 - Maxtmum lot cove~r~a9e~-. ~0 permftted; 46$ existing b. SECTI~N 18.26.062.021 - Maximum rear- ard coverage. 35$ permitted; 2$ rxisting) c. SECTION 18.26.063.030 - Mi~imum rear- ard setback. 1C eet required; eet extsting) PC78-c6 ~ i ~ 2. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardshio exists in that subject property is located adjacent to a city-owned water pumptng station to the west and testtmo~y presented at the pubtic hearing indicates constant noise generated by the pumping station warrants the enclosure of the existtng patio. 3. That the proposed variance is hereby granted subject to the condition that the existing illegaliy enclosed patio will be brought into conformance with all applicable City of Anaheim codes within sixty (60) days. 4. 7hat the requested varlancc will not be materially detrimental to the public welfare or inJurlous to the proper[y or improvements in such vicinity and zone in which the property is located since the location of the structure abuts a detached garage built 3' 6" from the prope:riy line rather than the primary living area of the adJacent property to the south of subject property. 5. That no one indicated [heir prese~ce at said public hearing in opposition; and tha[ no correspondence was received in opposition to the subJect petition. ENVIRONMENTAL IMPACT FINDIt~G: The Planning Director or his authortzed represe~tative has determined that the proposed project falls within the definition of Categorical Exemp[tons, Classes 1 and 5, as defined fn Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an ElR. NOW, THEREFORE, BE IT RESOLVED tha[ the Anaheim City Planning Commission does hereby grant subject Pe[itio~ for Variance, upon [he following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anahelm: 1, That appropriate water assessment fees as determined by the Director of Public Utilities shall be paid to the L1ty of Anaheim prior to the issuance of a building permit. ~ 2. Tha[ the owner(s) of subject property shall pay to the City of Anaheim the sum of three and one-half dollars ($3.50} per front foo[ along Gfencrest Avenue for street lighting purposes. 3, That the existing structure shalt be brought up to the minimum standards of the City uf Anahetm, including the Uniform Buitding, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 4. That subJec: property shall be developed substantially in accordance with plans and specificatia::~ o~ file with the City of Anaheim marked Exhibit No. 1 through 3. 5. That Condition No. 2, above-~nentioned, shall be complied with prtor to the time that the bullding permit is issued or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 6. That Condition Nos. 3 and 4, above-mentioned~ shall be complied with within sixty (60) days from the date hereof. -2- PC78-46 ^ , r i i ~ ; . THE FOREGO~NG RESOLUTION is signed and approved by me this 13th day of March, 1978. (~ CHA RMAN, ANAHe1M CITY PLANNING COMMISSION ATTEST: ~~~o ~ ~ ECRETAfi , ANAHEIM~I~ LANNING COMMISSION STATE OF CALIFORNIA COUNTY Of ORANGE ) ss. CITY OF ANAHEIM ) 1~ Edith L. Harris, Secretary of the Anaheim City Planning Commiss'•~n, do hereby certify ihat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pla~ning Commission held on March 13, 1978, at 1:3~ p•m., by the followiny vote crf the members thereof: AYES: z:OMMI5510NER5: BARNES, OAVID. HERBST, KING~ TOLAR NOES: COr,t115510NERS: LINN ABSENT: Ct1PIMISSi0NER5: JONNSON iN ~IITNESS NHEREOF, I have hereunt~ set my hand this 13th day of March, ~ 9~a. ~~~~ ,~ ~ SELRETARY, ANAHEIM C! Y LANNING COMMISSION -3- PC78-46