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PC 79-169RESOLUTION N0. PC 79-169 A RESOLUTION OF TNE ANAf1EiM CITY PLANNING COMMISSION THAT PETITION fOR VARIANCE N0. 3107 BE DENIED WNEREAS, the Anaheim City Plann(ng Commission did receive a vcrified Petltion for Variance from STUART SANDY KALISH AND aEBECCA GODARD KALISN, 219~ west Hu~tington Avenue, Anaheim, Californla 928~~. owners~ a~d JOH1~ P. DOLAN~ 17772 East 17th Street 0201~ Tustln~ CalTfornla 92714, agenC, of certain real property situated In the City of Anaheim, County of Orange~ State of California described as: Lot 34 of Tract 2197 as shown on a Map thereof recorded In Book 62, pages 46, 47 and 4~ o~ Miscellaneous Maps, records of sald Orange County, Californta. WHEREAS, the Clty Ptanning Commission did hold a public hearing at the City Nail in the Clty of Anahetm on August 27, 1979. ac 1:30 p.m.~ nottce of said publTc hearTng having been duly given as requlred by law and in accordance xith the provlsions of [he Anahetm Municipal Code, Lhap[er 18.03, to hear and consider evldence for and against satd proposed variance and to investigate and make fTndings and recommendatlons in connectlon thereWlth; and WNEREAS, said Cammtssion~ aftcr due inspection, investigation and study made bY jtself and in its behaTf~ and after due consideraeion of ali evidence and reports offered at said hearing. does find and deternTne the followl~g facts: ~, That the petitioner proposes a waiver of the folla+fng to retain an 111ega1 garage conversian: SECT~ON 18,26.066.011 - Mlnimum number of enclosed arkln s aces. _ requ re ; none existlnq Z, That the above-mentloned waiver is hereby denied on the basis that Lhere are rta sptclat clrccu~sLartc~s apFticaDTe to the ~roperty. Inctuding :tz~~ shapc. topog~aphy~ location or surroundings. which do not apply to other property under identtcal zon(ng classtfTcatlon In the vicinity. 3, That there are no exceptional or extraordinary circumstances or condttions applicable to the property Involved or to ihe lntended use of the property that do not apply generalty to the property or class of use Tn the same vicinlty and zone. 4. That the requested variance Is not necessary for the preservation and enloyment of a substancial property right possessed by other property in the same victnlty and zone~ and denied to the property in question, 5, That the requested variance NI11 be materlally detrtmcntal to the Pub11c welfare or inJurlous to the property or tRprovements Tn such vtcintty and zone in whieh the proper[y is located. PC79-169 6. That 3 persons lndicated their presence at said public hearing in oPPosttTon; and that no correspondence Nas received Tn opposition to the subJect petition. ENVIRONMENTAL iHPACT FINDING: The Planning Director or hTs authorized ofP~esentat ve as eterm ne t at the proposed proJect falls Nithfn the defTnition Categorical Exemptions, C1ass 1, as defined In Paragraph 2 of the C(ty of Anaheim E~~irorunental Impact Report Gutdellnes and Ts, therefore~ categorTcaily exempt from the requiremen[ to prepare an EIR. NO~. THEREFORE, BE IT RESOLVED that the Anahefm LTty Planning CammtssTon does hereby deny subJGCt Petition for Variancc an the basTs of the aforementloned findTngs. THE FOREGOING RESOLUTION is signed and approved by me thts 27th day of Aug~st, 1579• . ~ A N N AHAHEtIi C(T'f FLRHHiNG CQMMtSSfbN aTTEST: ~-~[. ~ ~ ~EC E pR ~ NANEIM Cli'~LANNING LOMHISSION STA'. ~F CALIFORNIA ) C4Ult.T 4F QP.RtlCE ) ss. C1TY OF ANAHEIM ) 1~ Edith t. Harris. Secretary of the AnaheTm Clty Planning Commissio~, do h~~eby certTfy that the foregotng resotutfon aas passed and adop[ed ai a meeting of thc pnahelm City planning Commission held on August 27~ 197q~ at 1:30 p.m.~by the ¢ollo~ring vote of the members thereof: AYES; COMHISSIONERS: DAVID~ FRY. HERBST~ KING NOES; COHf11S510NER5: NONE ABSENT: CONMISSIONERS: BARNES~ BUSHORE~ TOLAR IN VITNESS 1~MEREOF~ i have hereunco set my hand thts 27th day of August~ 197$. ~ .~~L/O ~~~RETAR . ANAH~ I LANN'NG OMMISSION -2- PC79•169