Loading...
PC 81-16,.-._ RESOLUTION W0, PC81-i(• A RESOLUTION OF THE ANAHEIM CITY PLANP!iNG C~H!115SIOM THAT PETITI01! FOR VARIArlCE N0. 31p7 BE GRI1tITED WHEREAS~ the Anaheim City Planning Commission did reccive a verifled Petition for Variance from PNILIP TRUPIA~JO~ ET AL, 1124 lJest La Entrada Circle~ Anaheim, Calif ornta g28~t, oamers of c~rtain real property situated in the City of Anaheim, County of Orange~ State of California~ described as: That portion of Lots 15 and 1(- of Tract No. 14(,0, as per m~p recorded in Book 1~6, Pages 2 and 3 of Haps~ in the office of the County Recorder of Orange County as Follows: Parcel 1 of Parcel Maps recorded in Book 59, Page 47 of Parcel Maps, In the offlce of the County Recorder of said CountY. WHEREAS, the City Planning Commission did hold a puhlic hearing at the Civic Center tn the City of Anaheim on January 17., 1431~ at 1:30 p.m,, notice of sald pubiic hearing havtng been duly given as requtred by la~•~ and in accordancr. witii the provtsions of the Anaheim Municipal C~de~ Chapter iR,~3~ tn hear and c~nsider evidence for and against said proposed viriance and to investiqate and make findings and recommendattons fn connection there~•~fth; and WHEREAS~ said Commission, after due inspectlon, investiaatlon and study made by itself and in its behalf, and after due consideratlon of ill evidence and reports offered at said hearing, does find and dc~ermine the follaylnn fi~Yt: 1, That the petitioner proposes a~•iatver of tlie felloaiin~ tn construct a room addition: ~ SECTION 13.2>.063,(13n - ~1inlmum rear yard setb~ck. 2~ eet reautred; ~feet prnnosed) 2. That the above-mentioneci waiver is hcreby granted on ttie basls that the pe[It'~~ner demonstrated that a hardshi~ exists due to the frregulnr shapc of the property. 3. That there are er,cepttonal or extraordln~rv circumstances or condition~ applicible to the pr~perty tnvolved or to the intended use of the property that do not apply generally to the property or class of use in the sanc vicEnity and zone. 4, That th~ requested variance is necessarv for the pre~r.rvation and enJoyment of a substantial property riqht possessed hy ~ther preperty in the same vtcinity anJ zone~ and donled to the property (n qucstlon. 5. That the reauested varfancc witl n~t he mAteriAliy ~ir.trimental to the public rrelfare or tnjurious t~ the propertY or imnr~+vemen[s in such vtctnlty and zone In which the pro~erty is lncated, PCA1-1f ~ .-~. 6. That no one indicated their presence at said public hearing in oppositlon; and that no correspondence ~~as received in opposition to the subJect petition. E~lVIRQ~IMENTAL IMPACT FIMDING: The Plannina ~irector or his authortzed representat ve as determ ned that the proposed project falls o-~ithin the definttion of Categorical Exemptions~ Class 3, as defined in Para~raph '.'. of the City of Anaheim Envtronmentai Impact Report Guidelines and is, theref~re, categortc~)ly exempt from the requirement to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVED that the /lnaheim CitY Planning Commission does hereby grant suhJect Petition f~r Variance, uoon the follrnving condttions which are hereby found to be a necessary prerequisite to the prqposed use of the subJect property in order to preserve the safety and general ~•~elfare of the Citizens of the Cfty of Anaheim: i. That subJect property shall be developed substantially in accordance wit•~ pl.;ns and specificatlons on file ~•+ith the Clty of Anaheim marked Exhlbtt No. 1. BE IT fURTIiER RE50LVEQ that the Anahetm City Planninn Commission does hereby find and determine that adoption of this Resolution is expressly predfcated upon applicant's ccxnpliancc with each anci all oF the conditions hereinabove set forth. Should any such condTtion, or any t'art thereof, be dPClared ~nv~lirl or unertforceable by the final Jud,qment of any cor:~•t of canpetent jurisdictton, then this Resolution, and any appro~als herein contained, shall be deemcd null and void. TfiE FOREGQi!IG RESOLUTIOF! is siqned and approved by me [hts 12th dAy of January~ 1981. 7 ~ M~I, M H. M NN tlf, COMN S N :,~ ~rsT: ~~ ~ ~ CRE AR ~ tAH CI LANN NG OM11 1 N STATE OF CALIFORtIIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edlth L. Harrls~ Secretary of the Anaheim City Planntna Conmiiss~on, c~o hereby ccrttfy th~t :he foregoing resolution was passed and adopted at a meetinc~ af the Anahelm City Pianning Cortmission held on January 1?. iQ`~1~ bv the following vote of the membe~s thereof: AYES: COMMISSIONERS: BOUAS, BlI51i0RE. FRY~ Y.INr,~ T~LAR NOES: COMMISSIO-lERS: NONE ABSENT: CfIMMI5510NER5: BARNES~ HERBST 19$1. Itl WIT~IESS NNEREOF, 1 hav~ hereunt~ s~t my hnnd t!~is 12th day of January, ~• . ~ -2- PC81-16 RfS(1LUTIOt! :'~r. PC~iI-1~ Fl RESOLUTI0~1 Of THE AP!AHEI'•1 CITY PL4tJF'I~i~ C~~1~415~In!~ TNAT PFTITIO!! F~R VAR1.4tICE H0. 31'7 DF GR~.t1TE9 WHERE/1S, the Anaheim City Planninn Commission dicl recrivr~ a verified Petition for Variance from PHILIP TRUPIA110, ET AL., 117_h l~/est La Entrada Circle, Anaheim, California 92,~1, oi-mers of crrtain real property situated in the City of Anaheim, Courty of Orange, State ot' California, descrihed ~s: That portion of Lots 15 and 1F o` Tract No. 1f~/•~, as per m~p recorded in l3ooN 4F, Pa~es Z and 3 of !1aps, in the ~ffice of the County Recarder of Orange County as Foilo~•rs: Parcel 1 of Parcel ~1aps recorded in Bool< 59, Page 47 of Parcel Maps, in the office of the County Recorder of said County b/HEREAS, the City Planning Commission did hold a puhlic hearina at the f.ivic Center in the City of Anaheim on January 17, t^31, at 1:3n o.m,, notice of sai~ public hearing having been duly given as renuired by la~•~ an~i in accor~iance with the provisions of the Anaheim Munici~al Code, Chapter i".n3, ~~ hear 3nd consider evidence for and agair,st said pr~posed variance and to investinate and na~e findinqs and recommendations in connection thereo~fth; and 41HERFAS, said Commission, after due inspection, investinati~n ar,d study made by itself and in its hehalf, ~nd after due considerarion of all evi~l~nce and reoorts offered at said hearing, does find and deterr~inc~ the follo~•rinn facts: 1, That the petitioner nrnpo,es a~•raiver of the follo!•iinc tn construct a room addition: SECTIQI•! 1'.7_5.l?63.~3~ -'?inimum rear yar~ setb~ck. 7!1 teet reauired; ~ feet ~rnposed) ?.. That the above-mentione~i ~,•raiver is herehy grante~! on t~+e basis that the petitione~ demonstrated that a hardshi~ exists due to the irregul~r shapr~ oF the property. 3. That there are er,ceptional or extraordinary circumstances or condttions applicabie to the property involved or to the intended use of the property that do not apply generall~~ to the pro~erty or class of use in the sar~e vicinity and zone. !~. That thu requested variance is necessarv fnr the preservation and ~njoyment of a substantial property right poscessed hy nther ~reperty in the same vicinity and zone, and denied to the property in nuestion. S. That the rectuested variance ~~il~ not be materTally ~i~triment~l to thr_ (~uhlic i•~elfarc or injurious to tl~e pr~nert~~ or imnr~v-rments in s;ich vicin~`y a~iri zone in ~•~hich the pro~erty is l~cated. PCR1-1< ~, 6. That nn one in~iicated tiif°ir presence at said nublic heariny ln opposition; and that no cnrrespondence v~as received in o~n~siti~n to the suhjeet petition. ENVI°f1HMFP!TAL IHPACT FitIDIIdG: The Plannina Director or his authorized representative has deterninr-d that the prooosed pr~ject falis L~~ithin the definition of Categorical Exemptlons, Class ;, as dr.fined in Paragraph '' of the City of Anaheim Environmer,tal Impact Renorr Guid~lines and is, therefore, cate~~oric~)ly exempt from the requirement to prepare an EIR, PJOId, THEREF~RE, 3E IT RfSOLVED that the ~naheim City Planninq Commission c~oes hereby grant suhject Petition fnr Variance, unon the follo~•tinc~ conditions ~~hich are hereby found to be a necr_ssary prerequisite to the pr~~osed use of the sut~ject property in order to preserve the safety and neneral ~-ielfare of the C~tizens of the City of Anahr.in: i. That subject property shall be developed suhstantially in accordance ~-~ith plans and specifications on file r~ith the City of ilnaheir~ marked Exhibit No. 1. BE IT FURTfiER RESOLV[D that the Anaheim City Planninn Commission does hereby find and determine that adopti~n of this Resoluti~n is expressly predicated upon applicant's cnmpliancc t•~ith coch ~nd all of thc conditinns hcreinahove set forth. Sho~ild any such condition, or any part there~f, be dPClared 'nvali~? or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals he~ein contain~d, shall be deemed null and void. Tf?E FOP,~~OIWG RESOf_UTIOP! is signed and approve~l by me this 1?_th day of January, 1981. 1~~ ~ ~i~.. Ch!A R!1~.H, A61AHF I M c i r ~nr~~~ ~~ir, r,n~+~+ i ss i nr~ ATTEST: ~~ ~ ~~ SECRETARY, ANAHEIM CITY PLANPIING C~MF115SIO~i STATE OF CALIFORtIiA ) COUN7Y OF ORANr,E ) ss. CITY OF A~dl1HEiM ) I, Edith L. Ilarris, Secretary of the Anaheim City Plannin~ Commission, c'o herehy certify that ~he fore9oing resolution W~S p~ssed and adopte~l at a meeting of the Anaheim City Planning Commission held on January 17, t~Zi, by the followin9 ~~ote of the memhers the~eof: RYES: CQH~diSSIONERS: BOUF15, E~USHOR[~ FRY, Kirlr,, T^L4t' ~~OES: COM!11SSIO~IERS: tJO~JE ABSEiJ7: COMMISSIOPICP.S: f3ARMES, HE?RST 19is 1 it; IJITPIESS ~lHERE~F, ~ havc hereunto set my hand tnis 12th day of January, G~-~s, iC • . 3`~c ~, i ~T~ ~'i1'~'~'~ i r~ Qcor+- .~s iori ~2- PcIIt-t~