PC 82-171~
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RESOLIITION N0. PC82-171
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3291 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance £rom FRANK W. AND MARTHA WISE, 6707 Eucalyptus Drive,
Anaheim, California 92807 and JENNY S. YIM, 977 South Hedin Court, Anaheim,
California 92807, owners, of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
THAT PORTION OF LOT 15 OI' TRACT 117 AS SHOt4N ON A MAP
RECORDED IN BOOK 11, PAGE 15 OF MISCELL.ANEOUS MApS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on September 8, 1982, 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
WHERr..~S, 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 waivers of the following to permit
a tenni.s court:
(a) SECTIONS 18.04.043.101 - Maximum fence height.
and I8.23.064.070 (42 inches permitted in setbacY.;
12 feet proposed)
2• That the above-mentioned waivers are hereby granted on the basis
that the pet.itioner demonstrated that a hardship exists in that denial would
deprive subjec't prope-tty of a privilege being enjoyed by other properties in
the same zona and vicinity.
3• That there are e;cceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property that do not appiy generally to the property cr class of use in the
sa..^~e 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.
5. That the requPSted variance will not be materially detrimental
to the publ.ic welfare or injurious to the property o.r improvements in such
vicinity and zone =n which the property is located.
6• - That no one indicated their presence at .~~id public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
#0202!
PC82-171
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ENVIRONMENTAL IMPACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project £alls
within the definition of Categorical Exemptions, Class 5, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
NOW, THEREFORE, gg IT gESOLVED 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 subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 throuqh 3.
HE IT FURTHER RESOLVED that the Anaheim Citp Planning Commission does
hereby find and determi.ne that adoption of this Resolution is expressly
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 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.
THE FOREGOING RESOLUTION is signed and approved by me this 8th day of
September, 1982.
AI N, ANAHg=t~ CITY PLAN G COMMISSION
ATTEST:
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SECRETARY. ~pgE2- _nq C=qT'Y P~ COMMISSION
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 September e, 1982, by
the following vote of the members there of:
AYES: COMMISSIONERS: BpUAS, BUSHORE, FRY, HERHST, KING, MC BURNEy ~
NOES: COMMISSIONERS: NONE C '
ABSENT: COMMISSIONERS: LA CLAIRE ~;;~.
F i.
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IN WITNESS WHEREOF, i have hereunto set my hand this 8th day of September, i':'~.
1982.
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SECRETARY, }1NAHEIM CITY PLANNIN:; COMMISSION ~ ~'
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