PC 80-99RESOLUTION NO. PC 80 -99
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3153 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from DONALD R. SKJERVEN AND NANCY A. SKJERVEN, 1213 Howell
Avenue, Anaheim, California 92805, owners of certain real property situated,in the
City of Anaheim, County of Orange, State of California described as:
The Easterly 100 feet of the Northerly 232.61 feet of the West 1/2
of the Northeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of
Section 28, Township 4 South, Range 10 West in the Rancho Las
Bolsas, in the City of Anaheim, County of Orange, State of
California, as per Map recorded in Book 51, Page 10 of
Miscellaneous Maps, in the office of the County Recorder of said
Orange County, State of California.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on June 16, 1980, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to establish a
2 -lot subdivision:
SECTION 18.26,061.020 - Minimum lot width.
(70 feet required;
30 feet proposed)
2. That the above- mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that the minimum width will be on a
flag lot and strict application of the zoning code would deprive the property of
privileges enjoyed by other property under identical zoning classification in other
areas of the City of Anaheim.
3. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
PC80 -99
5. That the requested variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
6. That two (2) persons indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS- A- 43,000
(Residential /Agricultural)Zone to the RS -7200 (Residential, Single- Family) Zone to
establish a 2 -lot subdivision with a waiver of minimum lot width on a rectangularly -
shaped parcel of land consisting of approximately 0.43 acre having a frontage of
approximately 100 feet on the south side of Orangewood Avenue, having a maximum depth
of 187 feet and being located approximately 95 feet east of Della Lane; and does
hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of this
Negative Declaration since the Anaheim General Plan designates the subject property
for low- density residential land uses commensurate with the proposal; that no
sensitive environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning 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
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. 79-80 -41, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 3.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
1980.
THE FOREGOING RESOLUTION is signed and approved by nie this 16th day of June,
ATTEST: CH RMAN PRO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
%
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC80 -99
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on June 16, 1980, at 1:30 p.m.,by the
following vote of the members thereof:
AYES: COMMISSIONERS: BUSHORE, DAVID, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BARNES
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 1980.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC80 -99