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PC 82-138~, ~~ R~so~uriori r~o. PC 32-13II A RESOLU'f'IOW OF THE AtJAHEIFi CITY PL/1FJ~JING COMMISSION THAT PETITIOtd FOR VARIAMCE fJO. 3?31 E3E GRAtd7ED WH[REAS, the Finaheim City Planning Commission dici receive a verified Petition for Variance from JAC(< P, iJILSOPJ, JR. A~lD MARY APJN r. WILSOPJ, 4119 East tlaple Tree Drive, Analieim, California 92307, o~aners, of certain real property situate~ in the City of Anaf;eim, County of Orange, State of Caiifornia described as: LO7 12, TRACT N0, 45~7, IN THE CITY OF ANANF111, AS PER l1AP RECORDED ItJ BOOK 241, PAGES 2U TO 22 INCLUSIVE, P11SC~LLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUMTY, WIIEREAS, the City Planning Commission did hold a public hearing at the City Hali in the City of Anaheim on July 12, 1982, at 1:30 p.m., nottce of said public hearing having been duly given as required by law and in accordance with the provisions of the Analieim Municipal Code, Chapter 18.d3, to hear and considar evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WIIEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evtdence and reports offered at said hearing, does ftnd and determine the following facts: 1• That the petitioner proposes a waiver of the following to construct an addition to a single-family residence: SECTIOP! 18.24.063,020 - Plinimum side yard setback 5 feet required; 3 feet proposed) 2. That the above-mentioned waiver is hereby granted on the basts that the request is minimal involvin~ only one corner of the proposed addition. 3. That ti~ere are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do nat apply generally to the property or class of use in the sarne victnity 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. 5. itiat the requested variance ~v111 not be materially detrimental to the public welfare or injurious to the property or improvements tn such vicinity and zone In which the property is located. 6• That no one indicated their presenc~ at said public hearing in oppositlon; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falis within the definitton PC82-138 _... , ..,., :,:~_; , ~ .,.,:, ~i~ ~ , . .. . - ~'~. r-, of Categorical Exemptions, Class 5, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. tdO1J, Tf1EREFORE, BE IT RESOLVFD 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 Anal~eim: 1. Tfiat subject property shall be developed sul~stantially in accordance with plans and specifications on file with the City of Anaheim marl;ed Exhibft Nos. 1 through 5. 2. That Condition vo. 1, above-m~ntioned, shall be complied with prior to final building and zoning inspe;:tions. B[ IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with eacli and all of tl~e conditions hereinabove set forth. Should any such 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. TIiE FOREGOING RESOLUTIOtJ is signed and approved by me this 12th day of July, t98'L. .~=i ~'j ~4 ` `~~ ' ,-~~'''"`°~,> % ~...'''`~i..¢,.l„~,'•° CHAK 1AN,'A~dAHEIM CITY PLFINNIPJG C0~1MISSIOM ATTEST: ~ ' . SECRETARY, ANAHEIM CITY PLAIJNIWG COMh~ISSION STATE OF CALIFORNIA ) COUtdTY OF ORAtJGE ) ss. C I TY OF APIAHE I M ) I, Edith L. Harris, Secretary of the Anaheim City Pianning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 12, 19£32, by the following vote af the members thereof: AYES: COMf11SSI0NERS: BOUAS, BUSHORE, FRY, HER6ST, KING, IiC BURNEY NO[S : COPiM I SS I ONERS : tJONE ABSENT: COMMISSIONERS: EARNES IN WITPJESS WHEREOF, I have tiereunto set my hand this 12th day of July, 1982, , ~ . SECRETARY~ AP~AhEIM CITY LAN-~MMISSION -2- PC$2-138