Loading...
PC 80-108RESOLUTIOtI tJO. PC 0~1-1~~~3 A R[SOLUT I Otl OF Tf1E l1tIAhIE U1 C ITY PLP.f7N I F~~ CQ~IM I SS I~1N THAT PETITIOtI FOR VAP,IA(ICE PI!1, 3155 DE G2.~h!TEf1 4:HEP,EAS, the Anaheim City Planning Commission did receive a veriFied Petition for Variance from AIdTHOhIY GODUEIA ATlD LEA GOIINFIA, °37 South Reach Boulevard, Anaheim, California ~ZJ:~If, ot•mers of certain real ~roperty sltuated in the City of Anahein, County of Orange, State of California d~scribr_d as: The East half of the East half of the Southeast quarter of the Southeast quart~r and thP East 8 feet of the 41est half of tne East half of the Southeast quarter of the Southeast quarter of Section 14, Tot~mship 4 South, Range 11 41est, in the Rancho Los Coyotes, as shown on a map thereof recorded in ~300l; 51, page 7, et seq., Miscellaneous Maps, recorcis of said Orange County; EXCFPTIF.If; THEREFROM the South 72~ feet thereof; .4LS0 EY,CEPTIDI~ the ~~orth 1tR1 feet thereof; ALSO EXCEPTIPJG TIiEREFRQ~1 the East ~!~ feet thereof. WHEREAS, the Clty Planning Commission did hold a public hearinn at the Ctty Hall in the City of Anaheim ~r, June 3~, 1a~0, at t:3n p,m., n~tice of said publPc hearing having been duly given as required by la~•~ and tn accordance with the provisions of the Anaheim Municipal Code, Cha~ter 1P,03, to hear and consider evidence for and against said proposed variance and to investi9ate and mal;e findings and recommendations in co~nection thereo-;ith; and b1HEP~EAS, said Commission, after due inspPCtion, inv~stigation and study made by itself and in its behalf, and after due consideratio~ of all evidence and reports offered at said hearing, does find and determine the folloa~ing racts: 1. That the petitioner proposes a waiver of t!~e f~llo~•~i~g to retain an t11cg~? fencc: SECTIOM 1~.O~t.043,102 - ~laximum fence height. and 1 .21.0,+ eet permitted; ~feet existing ) 2. That the proposed variance is hereby aranted for a period of to-~o years on the basis that although the subject ~roperty is currently cleveloped as a single- family d~aelling, it 1s designated on the Anaheim General Plan and will be ultimately developed for comr~ercial uses; and that the petittoner has stinulated to removal of the fence a~hen the property is so developed in tiao years. 3. ihat the above-mentiened ~~aiver is hereby nrante~l on the basis that the petitioner demonstrated that a hardship exists due to surrounding commercial uses. 3. That there are exceptional or extraordinary circumstances or conditions appli~able to the property involved or to the intended use of the nroperty that do not apply genera~ly to the property or class of use in the same vic(nity and zone. 4. That the requested variance is necessarv for the preservation and enjoyment of a substantial property right possessed by other property in the sam~> vtcinity and zone, and denied to the property in question. PC30-108 5. That the reauested variance o-~iil not ~e materially detrimental to the public welfare or injurious l•o the pro~erty or improvements in siich vicinity and zone in ~~~hich the property is located. G. That no one indicated their presence at said puhlir hearinp in opposition; and that no correspondence was received in opposition to the subject petitione E~dVIROMMENTAL IMPACT FINDIFIG: The Planning Director or his authorized representative has determined that the prpposed pro_ject falls within Y.he definition of Categorical Exemptions, Class 3, as defined in Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically er.empt from the requirement to prepare an FIR. N01•!, TNEREFORE, BE IT RESOLVED that the Anaheim City Plannina Commission does hereby grant subject Petition for Variance, upon the follo~~ing cenditions which are hereby found to be a necessary prerequisite to the pronoseci use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: S, That subject property shall be developed suhstantially in accordance taith plans and specifications on file ~-rith the City of Anaheim marked Exhibit No. 1 2, That tlie ~roposed fence is aroroved f~r a period of two (2) years at which time the property owner may request, in t,~riting, an extension fron the Planning Commission if the property has remained in residential use. BE IT FURTriF.R RESOLVE~ tliat the Anaheim City Plannin~ Commissinn does herehy find and determine that adoption of this Resolution is expressly predicated upon applicant~s compliance with Pach and all of the conditions hereinabove set forth. Should any such condition, or any part thereof~ he declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall he c1Pem~~i null a~d v~td. THE FORESOING RESOLl1TI0Fl is signed and approved hy me this 3~th day of June, 1930. ~~ lt~,~.f:~v-~ ~ /) ~~~- CHA RW0~IAPI, A~lAHE IM C I TY PLIINN I N~ C0~1M 1 SS I ~M ATTEST: SECRET- ARY,f~NAHEIM CITY PLAPININ~NISSION -2- PC80-103 ~.. ~ ;' : - _ :~` ;.`. , ~: STAT[ OF CALIFORPIIA ) COUNTY OF ORANGE ) ss. CITY OF ANAfiEIP1 ) ~. Edith L, fiarris, Secretary of the Anahcim City Piannino Commission, do hereby certify that the foregoing resolution a~as passed and adopted at a meeting of the Anahelm City planning Commission held on June 3'?, 19P,0, by the follo~oing vote of the members thereof: AYES: COMMISSIOMERS: BARNES, BUSH02E, FRY, HER95T, I;ING, TOLA? NOES: COMMISSIQNERS: NONE ABSENT: COH!11SSIOh1ERS: NOME VACANCY: OPlE SEAT ~FJ WITPIESS WtiEREOF, I have hereunto set ny hand this 3~th day of June, 19P,p, ~ . SECRFTAR , AP~AHEI~1 CITY PLA^IMIMc CO`1HISSIOpI -3- Pc3n-to3