PC 79-10RESOLUTION N0. PC 79-10
RESOLUTION OF THE AtJAHEtM CITY PLANNINr, L0~IMISSION
TNAT PETITION fOR VARIA~ICE N0. 3072 BE GRANTED
NHEREAS, the Anaheim City Planning Commission dld receive a vertfled
Petitlon for Variance from ELMER C. AND JAttETTE M, HENDRICM.S, HQJAVA BUILDERS, INC.~
27~iG West Stonybrook Drive~ Anaheim~ California 924n4, oMmers of certaln real
property situated in the Ctty of Anahelm, County of Orange, State of Cal(fornia
descrtbed as:
PARCEL 1: Lot 1~ of Tract No. 2876. as shown on a Map recorded in
book 37, pages 46 and 47 of Mtscellaneous Haps, records of Oranae
Cou~ty, Californi~.
PARCEL 2: That portion of Mac Duff Street adJacent to Lot 10 of
Tract No. 287G, as shown on a Map recorded in book 87, pages 46
and 47 of Hiscellaneous Maps, records of Orange Councy.
California bounded as follows: Northerly by the Easterly
prolongation of the tangent portton of the Northerly line of sald
Lo[ 10, Eas[erly by the Center ltnc of sald Mac Duff Street;
Southerly by the Northerly line of Loc C of satd Tract No. 2376~
and Uesterly and Sou[herly by the Easterly and Northeasterly Iines
of said Lot 10.
PARCEL 3: The Wes[ ha~f of l.ot C of Tract No. 2R76, as shown on a
map recorded in book d7, pages 46 and 47 of Miscellaneous Haps~
records of Orange Loun[y, Cal(fornia.
WHEREAS, the City Planning Commisston did hold a publfc hearir.g at the Clty
Hall in the City of Anaheim o~ January 15~ 1~79~ at 1;;~ p,m., notice of sald public
hearing having been duly gtven as requtred by law and in accordance with the
provisions cE the Rn~heim Munic(pal Code, Chapter 18,03~ to hear and consider
evidence for and a9atnst said proposed varlance and to investtgate and make findings
and recommendatlons in connection thereNith; and
WHEREAS, saTd Cor,misslon, after due tnspection, investigation and study made
by itself and in its behalf~ arid after due consfderation of al) evldence a~d reports
offered at said hearing~ does find and determine che following facts:
1. That the petltioner proFoses a waiver of the followfng to construct a
garage and screert wall:
SECTIO~~ 18.26.063,010 A!ID 18,26.OE3.0111 - MtnTmum front setback.
cet requ re ;
iTi and 20 feet proposed)
~2) That the above-mentioned Haiver is hereby granted to alloN a 10-foot
high screen wall to be setback 16 feet and to allow a front-on garage to be setback
PC79-10
20 feet. on the basis [hat the petitloner der+onstrated a hardship exlsts in that otfier
residences and garages in the area have setbacks similar to the proposal and that
denlal Nould deprive subJect property of a privilege being cnJoyed by other
properties tn thc samc zor,e and vicinity.
3. That there are exceptional or extraordinary circunstances or conditions
applicable to thc property involved or to the intended use of the property that do
not apply generally [o the property or class of use in the zane vicinity and zone.
4. That thc requrstcJ varlance is necessary for ctie preserva[ion and
enJoynent of a substantial property right possessed by other proper[y in the same
viclntty and zone, and denied [o the property in question.
5. That the requested variance NI11 not be r.wterially dctrimental [o the
public welfare or injurious to the property or tmprovements in such vicinTty and zone
in which the property Ts located.
6. ThaC no one indicated thetr presence at sald public hearing in
opposi[ion; and that no correspondence was received in opposition to the subject
pc:ition.
EtiYIRONMENTAL IyPACT FIIJDINL: The Planning Director er his authorized
representat ve has determ ned that the proposed project falls within thc defie+ition
of Categorical Exemptions. tl~ss 5. as deflned in Paragrapti 2 of thc City of Anaheim
Environmentai Impact Report Guidelines and is, therefore~ catraortcally exer,pt from
thc requirement to prepare an EIR.
NOW, TIiEREFORE, BE IT RESOLYED that the Anaheim Ctty Plannina Commisston
does hereby grant subject Fetition for Vsriance, upon the folia+ing conditions ahich
are here6y found to be a necessary prerequisite to the p~a~+osed use of the subJect
property in order to preserve the safety and general r+elfare of the CitTzens of the
City of Anahetm;
f. That t~ee existfng driveway snaii oe ~emoves anJ repiaced with sfanJat3
curb and gutter and sidewalk.
2. That the abandonment of Mac Ouff Street shall be finalized prtor to the
issuance of a building permit.
3. That subJec[ property shall be developed substantTally tn accordance
with ptans and spectfications on file with the Clty of Anahetm mar~.ed ExhtbTt Nos. 1
[hrough 4.
4. That Conditlon Nos. 1 and 3. above-mentloned~ shall bc complled with
prior to flnal buitdtng and zoning inspectlons.
BE IT fURTHER RESOLYED that the Anaheim City PlannTng Commission does hereby
find and determine that adoptTon of this Resolut(on is expressly predicated upon
applicant's complla~ce Wlth each and all of the condT[lons heretnabove set forih.
Should any such conditton, or any part thereof~ be declared Invalid or unenfnrceable
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by the fina) Judgment of any wurt of competent )urTsdiction. then this Resolution,
and any approvals her%in cont~ined. sha1) be deemed nu1) and vold.
TNE FOP.EGOIMG RESOlUT10-J is signed and approved by me thts 15ih dsy of
January, 1979.
t~ n N~ • ~ ~ ~ ~N ~ ~y oN
A77EST:
3E'~'E'f~t~. ~H M M ZT~LAI~~- ,~ti T8e
STATE OF CALIfORN1A )
COUNTIf OF ORANGE ) ss.
CITY OF ANAH~IM )
1. Edith L. MarrTs. Secretsry of the Anahetm CTty Planning Ca~mission. do
hereby certTfy that [he foregoing resolutlon was passed snd adooted at a meeting of
the Mahein City P~anning Caer+isslon held on January 1;. 1!170. st T:;O p,n.,~ by the
follo~+in9 votc of the members tnereof:
AYES: CO't'115510'IE45: BAfINES. BUSHORE. DAY10~ HER2ST~ J^N'i50N. K11~5. TOLa?
NOES: CO'+yISSIOHERS: N04E
ABSEhT: CO~.ti15SInnERS: NnnE
~n--
IY MITNESS WHEREOF~ I Aave hereunto set n+y Mnd chis lSth day of Janusry~
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