PC 79-136RESOLUTION N0. PL 79-136
A RESOLUTION OF THE ANAHEIM CITY PLANNIN~ CONMISSI011
THAT PETITION FOR VARIANCE N0. 3094 BE GRANTED
WHEREAS, the Anaheim City Planni~g Commission did receive a vertfied
~etition for Vartance from JESUS RESENDIZ AND SILVIA RESEND~2, 414 North Emily
5[reet, Anaheim, California 92805, rn+ners of certaln real property situated in the
City of Anaheim, County of Orange. State of California described as:
Lots 29 and 32 of Block C of Heiman and George's Addttion as shown
on a map thereof recorded in Book 2, page 249 of Miscellaneous
Records nf Los Angeles County, Galifornia;
WHEREAS, the City Planning Commission dld hold a public hearing at the Lity
Hall i~ the City of Anahetm on July 2, 1979, at 1:3~ P•m., notice of sald public
hearing having been duly gfven as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Ghapter 18.03, to hear and consider
evidence for and againsC said proposed variance and to investigat~ and make findings
a~d recommendations in connection therewith; and
NHEREAS, safd Cormisslon, after due inspection, investigatlon and study made
by itself and in its behalf, and after due constderation of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the pe[i[toner proposes a watver of the following to retaln a
bluck arall:
SEGTiON 18.04.043.101 - Maximum wall hei ht tn a front ard.
2 nches perm ited; inches existing)
2, Thai the above-mentioned walver is hereby qranted on the basis that the
petitioner demonstrated that a hardshlp exists in that the six (6) inch helght watver
Is insignificant being less that 15°~ greatcr than the permltted height; and that the
solid portin of the Hall is only 3~ inches high with 48-inch high pilasters connected
wfth decorative wrought iron which does not block the visi6illty for cars backing out
of driveways.
3. That there are exceptional or extraordtnary circumstances or conditions
applicable ta the property Tnvol~ed or to the Intended use of the property that do
not apply generally to the property or class of use in [he same viclnity and zone.
4. That the requested varlance is necessary for the preservation and
cnJoymen[ of a substantlal property right possessed by other property in the same
vlcinity and zone, and dented to che property in question.
5. Tha[ the requested vartance wtll not be materially detrtmental to the
public welfare or inJurious to the property or improvements in such vicinity and zone
in which the propercy is located.
PC79-136
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6. That no one indtcated their presence at said public hearing in
opposition and one person indicated her presence in favor of the request; and that no
correspondence rras received in oppositton to the subject petition.
E~iV~RONMENTAL IMPACT FINDING: The Planning Director or his authorized
representat ve has determ ne that the proposad proJect falis within the de`inition
of Categortcal Exemptions, Class 11, as defined in Paragraph 2 of the Ctty of Anaheim
Environmental Impact Report Guidelf~es and is, therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, TtIEREFORE, BE 17 RESOLVED that the Anaheim Clty Planning Commisslon
does hereby grant subJect Petition for Varia~ce, upon the following condttlons which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
proper[y in order to preserve the safety and general welfare of the CTtlzens of the
City of Anaheim:
1. Tha: subject property shall be deveioped substantlaliy in accordnace
with plans and specifications on file with the City of Anaheim marked Exhibit N~. 1
within ten (days) of the date hereof.
BE IT FURTHER RESOLVED that the Anaheim City Plannin9 Canmtssion does hereby
find and determine that adoption of this Resolution is expressiy predicated upon
apRlicant's compliance with each and all of the condtiie-s herelnabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court of competent Jurisdiction, then Lhis Resotutton,
and any approvals herefn contained, shali be deemed null and voi~.
TfiE FOREGOING RESOLUTION is signed and approved by me this 2nd day of Juty~
1979.
A M N, Atl H TY PL P7N I NG COMM I SS I ON
ATTEST: ~/ n
{~ ~.,G~, /S . !~L([~t/1.w
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF LALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith l. Harris, Secretary of the Anaheim City Planning Commission. do
hereby certify that the foregoing resolutio~ was passed and ad~pted at a meeting of
the Anaheim City Planning Canmission held on July 2. 1979. by the following vote of
the members thereof:
AYES: COMMISSIONERS: BARNES~ BUSHORE. DAViD, FRY~ HERBST, KIN6, TOLAR
NOES: LOMMISSIONERS: NOkE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF~ 1 have hereunto set my hand this 2nd day of July, 1979.
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_`_ , H N~ OMM SS ON
PC79-136