Loading...
PC 82-7~^`°`• RESOLUTION NO. PC82-7 a'"~• A RESOLUTIOP! OF TIIE ANAHEIM CITY PLANMIN~ COMMISSION THAT PETITION FOR VARIANCE N0. 37_53 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commisston did recelve a verified Petition for Variance from PHILIP A, and THELMA SCUKA, 51~2 Vallecito, Westminster, California 92~~a3, o4m er , of certatn real property sttuated in the City of Anaheim, County of Orange, State of California described as: Lot 7 of Tract No. 2378 as per map recorded in Book 92, Pages 33 and 34 of Miscellaneous Maps, in the County of Orange, State of California. WHEREAS, the City Planning Commtssion did hold a public heartng at the Civic Center in the City of Anaheim on January 25, 19$2, at 1:30 p.m., notice of said public heartng having been duly gtven as required by law and in accordance w(th the provistons of the Anahelm Muntcipal Code, Chapter 1R.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WNEREAS, said Commtssion, after due inspectior,, investigation and study made by itself and in its behalf~ and after due consideration of all evtdence and reports offered at said heartng, does ftnd and determine the following facts: 1. That the petitioner proposes waivers of the following to retain an existing room addition and fence: (a) SECTION 18.26.063.020 - Minimum side ard setback. 5 eet required; 3 eet existing) (b) SECTION 18.26.063.03D - Mfnimum rear yard setback (10 feet required; 3 feet 7 lnches extsting) (c) SECTIOtJ 18.0~.043,101 - Maximum fence hei ht and 18.2G.o64 2 nch cha nl nk ence permitted tn front setback; 4 i8- nches existing) 2. That the above-mentioned waiver (b) is hereby granted on the basis that the room addition (s existing and has had no detrimental effect on the surrounding properties. 3. That the above-mentioned waivers (a) and (c) are hereby denied on the basis that the petitioner :;tipulated at the public hearing to comply with code requirements. 4. That there are excepttonal or extraordinary ci~cumstances or conditions applicable to the property involved or to the intended iise, as granted~ of the property that do not appiy generally to the property or class of use In the same vlcinlty and zone. 5. That the requested varlance, as granted, ls necessary for the preserva_ton anJ enjoyment of a substantial property rlgltt possessed by other property in the same vtctnlty and zone, and dented to the prnperty in question, pca~_~ ~,.'t .. . 6, That the requested variance, as grantsd, wi11 not be materially detrtmental to the puhlic welfare or injurious to the property or improvements in such vicinity and zone in which tfie property is located. 7. That no one indicated their presence at sald public hearing tn oppositton; and that no correspondence was received in opposition to the subject petition. ENVIRONttENTAL IMPACT FINDING: The Ptanntng Director or hts authorized representative has determined that the proposed project fails wfthin the definitlon of Categorical Exemptions, Class 5, as defined in the State EIR Guidelfnes and ts, therefore, categorically exempt from the requirement to prepare an EIR. NOW~ THEREFORE, BE IT RESOLVEQ that the Anaheim City Planning Commission does hereby grant, in part, 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 (n order to preserve the safety and general welfare of the Ciiizens of the City of Anaheim: i, 'hat the existing structure shall be brought up to the minimum standards of the City o` Anaheim, including the Uniform Builc'.ing, Plunbtng, Electrtcal~ Housing, Mechanical and Fire Codes as adopted by the City of Anahelm. 2, That subject property shali be developed substantialiy fn accordance with plans and specificatio~s on file with the City of Anahetm marked Fxhibit Nos. i and 2. 3, That Condition Nos. 1 and 2~ above-mentioned, shall be completed within a period of sixty (60) days from the date herein, BE IT FURTHER QESQLVED that the Anaheim Ctty Planning Commission does hereby find and determine that adoptlon of this Resolution is expressly predicated upon applicant~s compliance with each and all of the conditions hereinabove set forth. Should any such condltion~ or any part thereof, be declared invalid or unenforceable by the final j~~dgment of any court of competent jurlsdiction, then this Resolution~ and any epprovals herein contained, shatt be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 25th day of January, 198?_. T~ ~Z . ~t~K~-~ CHAIRMAN, ANANEI~1 CITY PI_ANNING COMMISSIQN ATTEST: D ~Gl~k~ . SECRETARY, ANAHEIM CITY LANNI~lG COMMlSStON -2- PC32-7 STATE OF CALIFORNIA ) COUN7Y OF ORANGE ) ss. C17Y OF ANAHEIM ) I~ Edith L. Harrls, Secretary of the Anaheim City Planning Commisslon, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 75, 19$7, by the following vote of the members thereof: AYES: COt1MI5SI0NER5: BARNES, BOUAS, BUSHORE, F4Y, HERBST, KIti1r,, MC BURNEY NOES: COMMISSIONERS: NOhiE ABSENT: COMMISSIONERS: NONE IP~ WITNESS WHEREOF, I have hereunto set my hand thts 25th day of January, 19II2. ~~ ~ ~ SECRETARY~ ANAHEIH CITY PLP.NNIMG COMMISSIQN -3- PC82-7