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PC 79-234' / P.~SOLUTION N0. PC 79-234 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3124 BE GRRNTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petitio~ for Variance from BALDWIk BUILDERS, 16811 Nale Avenue, Irvine, California 92714, owner, and HUNSAKER AND ASSOCtATES, INC., 3001 Redhill, Building VI, Suite 2:2, Costa Mesa, California 92626, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California de~cribed as: Parcel 4 of a Map filed in Book 87, pages 3 and 4 of Parcel Maps, records of Orange Coun[y, California. WHERERS, The City Planning Commission did hold a public hearing at the Ci[y Nall in the City of Anaheim on December 17, 1979, at 1:30 p.m., notice of said pubtic hearing having been duly give~ as required by law and i~ accordance with ihe provisions of ttie Anaheim Municipal Code, Chapter 18.03. to hear and consider evidence ior and against said preposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Comnission, after due lnspection, investigation and study made by itself and in its behalf, and af[er due consideration of all evidence and reports offered at said hearin9, does find and determine the foltowing facts: 1. That the petitioner proposes a waiver of foilowing to establish a 48-lot RS-500(SC)(Residential, Single-Family, Scenic Corridor Over}ay) Zone subdivision: SECTION 18.27.061.021 - Minimum buildin sice width. ( 5 teet required; 20 `eet propased for three lots) 2. Tha[ the above-mentioned waiver is herehy granted on the basis of the hilly topography of subject property. 3. That [here are exceptional or extraordi~ary circumstances or conditicns applicable to the property involved or to the intended use of the property that do not apply generally Co the property or class of use in [ne same vicinity and zone. 4. That Lhe requested variance is necessary for [he preservation and enjoy- ment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the praperty in question. 5. That the requested variance will not be materially detrimental to tne public welfare or injurious to the property or improvements in such vicT~ity and zone in which the property is located. PC79-234 6. That no one indicated their presence at said public hearing in opposi- tion; and that no correspondence was received in opposition to subJect petition. ENVIRONMENTAL IMPACT FINDING: Environmental Impact Report No. 166 was pre- viously ce-cified for subject property (in conjunction wi[h Tentative Tract Map No. 9212) on April 27. 1979• NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Pianning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject propetty in order [o preserve the safety and general ~~elfare of the Citizens of the City of Anaheim: 1. That this Variance is granted subjec: to ihe approval of Tentative Tract No. 10940, now pending. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressty predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared i~valid or unenforceable by the final judgment of any court of competent jurisdic[ion, tfien this Resolution, any any approvals herein con[ained, shall be deemed null and void. THE FOREGQING RESOLUTION is signed and approved by me this 17th day of December, 1979. ~°~.t-- ~ P ~~,,...~.~ CHAIRWOMAN, ANAH IM CI Y PLANNING COMMISSION ATTL•ST: ~il~~f ~ ~~L~.t~r SECRE ARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Conmission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 17, 1979, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of December.1979• I. ~4l~is~~c._ SECRETARY, ANAHEIM C17Y PLANNING COMMISSION _2_ PC79-234