PC 78-89RESOLUT~ON N0. PC 78-89
RESOLUT I ON OF THE ANAHE IM C I TY PLP.NN I'~G CG'1:11 SS I ON
TNAT PETITIOH FOR VARIA4CE N0. z999 ee GRANTED
WHEREAS, thc Anaheim City Planning Commission did recelve a verifted
Petition for Variance from ROBERT P. WARnINGTON CO., 165?2 Hale Avenue, Irvine.
California 92714, owner, and KIRK EVAI~S, 165°Z Hale Avenue, Irv(ne, California 92714,
agent. of cer[ain rea) praperty situa[ad tn [he Ctty of Anahcim, County of Orange,
State of Californta described as:
Tract No. 73~3, lot 17, said Tract Plo. 9313 heing a Subdivision of
the following: Lot 1 of TracC No. 9312, as shown on a Hap
recorded in Book 368, page Oi of Niscellaneous Maps, Records of
Orange County, Lalifornia, whfch is a rc-subdivision of portions
of Traci No. 8101, as per map recorded in book 339. Pages 4i to 45
tnclusive, of Miscellaneous Maps, records of Orange County,
Lalifornia.
WHERE~S, thc City Pianning Commisston dfd hold a public hearing at the City
Hall in the Ctty of Anahein on April 24, 1978, at 1:3~ p.m „ notice of said public
hearing having been duly given as required by laN and in accordance with the
provisions of the Anahetm Municipal Lode, Ch~pter 19.03, to hear and consider
evidence for and against said proposed variance and to investigate and make f(ndings
and recortmendattons in connection therewith; and
1~MEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of ail evidence and reports
offered at said hearing, does find and determ(ne thc follorring facts:
i, That the petltioner proposes a walver of the following to retain an
existing six (6) foo[ high block wall:
SECTION 18.04.043•102 - Haximum wall helqht.
(42 inches permitted; 6 feet existing)
2. That the above-mentioned watver is fiereby granted on the basis that the
petitioner demonstrated that a hardshiQ exists tn that the existing wall affords more
privacy to the rear yard area of the reversed corner lot which (s a privtlege enJoyed
by the other property owners in the same viclnicy and zone but not having reversed
corner loes.
PC78-89
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3. That the requested varlance is granted subject to the petitioner
obtaining an encroachment permit or approval for [he abandonment of a portion of [he
public right-of-way into which the wall currently encroaches.
4. That there are exceptional or extraordinary circumstances or conditions
applicablc to the property invotved or to the intended use of the property that do
not apply generally to the property or ciass nf usP in ttie same vtcinity and zone.
5. That the reques[ed varlance is necessary for the preservation and
enjoyment of a substantial property rtght possessed by other property in the same
vicinity and zone, and denied to the property in question.
6. Thai the requested varlance will not be materially detrimental to the
pubtic welfare or injurlous to the property or i~provements in such vicinity and zone
in which the property is located.
7, That no one indicated their presence at said public hearin9 in
opposition; and that no correspondence was received in oppositlon to the subject
petition.
ENVIRONMENTAL IMPACT FINDiNG: The Pianning Director or his authorized
representailve has detcrmined Chat the proposed proJect falls wlthln the :iefinition
of Categorical Exemptions~ Class 3, as defined (n Paragraph 2 of the City of Anaheim
Environmen[al Impact Report Guidelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
t10N, TNEREFORE, BE IT RESOLVED that the A~aheim City Planning Cortmission
does hereby grant subject Retition for Variance. upon Ghe `ol}oaring conditions wh)ch
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 Citizens of the
City of Anaheim:
1. That the owner(s) of subject property shall obtaln an encroachnent
permit for the existing 6 foot-high block wall or request ar.~1 get approval for the
abandonment of a portion of the public right-of-way.
2. That subJect property shall be develooed substanttally in accordance
with pians and specifications on file with [he City of Anahelm marked Exhibit t~os. 1
and 2.
3. That Condition No. 1, above-mentioned, shall be complied with withTn a
perlod of 90 days from date hereof, or such further time as the Planning Comnission
may grant.
_2_ ?C78-89
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THE FOREGOING RESOLUTION is stgned and approved by me this 24th day of
April, 1978•
Ci1AI MAN, ANANEIM CITY LANNING COHMISSION
ATTEST:
~ .~~[ ~ ~b'a tn.c~.
SECRETARY, ANAHEIH GITY PLA~INIt~G COMMtSSlON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIH )
I, Edith L. Harris, Secretary of the Anaheim City Planntng Commission, do
hereby certify that the forcgoing resolution was passed and adopted at a meettng of
the Anaheim City Planning Cortmiss(o~ held on April 24, 1°78, at 1:3Q R•~•~ by the
foilowing vote of the members thereof:
AYES: COMMi551011ER5: DAVID, HERBST, KING. TQLAR
NOES: CO!1MISSIONERS: BARNES, LINN
ABSENT: COMMISSIONERS: JOHNSON
t978.
IN WITNE55 WHEREOF, I havc hereunto set my hand this 24th day of AprTl~
~Oi~ la ~L ~~.~~, ,
SECftETARY, ANAHEIM CI LANIiING COHMISSION
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