PC 82-222RESOLUTION NO. PC82-222
A RESOLUTION OF THE ANAF[EIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3310 BE GRANrED
WEiEREAS, the Anaheim City Planning Commission did receive a ver.ifted
Petition for Variance from THOMAS H. & GERTRUD PAYNE, 2513 Mall i?.lace,
Anaheim, California 92804, owner of certain real property situated in the City
of Anaheim, County of Orange, State of California described as:
LOT 42 OF TRACT 6691 AS PER MAP RECORDED IN BOOK 250,
PAGES 20 AND 21 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on December 13, 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
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 waivers of the following to
construct a roora addition to an exieting single-family residence:
SECTION 18.27.062.020 - Maximum lot coverage
(358 maximum permitted; 448 proposed)
2. That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that the proposed
lot coverage is minimal when compared to the 408 lot coverage in the
surrounding tract and that denial would deprive subject property of a
privilege enjoyed by other properties in the same zone and vicinity.
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 Eor the preservation
aad 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 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 no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
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PC82-222
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ENVIRONMENTAL IMPACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls
within the deTinition of Categorical Exemptions, Class 5, as defined in the
State EIR Guidelines and is, ther.~f.ore, categorically exempt from the
requirement to prepare an EIR.
NOW, THER~FORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the following
con3itions 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 ~arked
Exhibit Nos. 1 and 2.
2. That Condition No. 1, above-mentioned, shall be complied with prior
to final building and zoning inspections.
BE IT FURTH~R 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 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
December, 1982.
ATTEST:
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SECRETARY PRO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
of
I, Pamela Starnes, Secretary of the Anahe?.m 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 December 13, 1982, by
the following vote of the members there of:
AYES: COMMISSIONERS: HOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRF,
MC HURNEY
NOES: COMMISSIONGRS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS S4HEREOF, I have hereunto set my hand this '13th day of December,
1982. A ,~~~f~Z '~ ~
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SECRETARY PRO TEMPORE
ANAHEIM CITY PLANNING CqNA1ISSION
-2- PL`82-222
signed and approved by me this 13th day
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EA , ANAHEI CITY ING COMMISSION
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