PC 83-117RESOLUTION N0. PC83-117
A RESOLUTION OF PHE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARTANCE NO. 3340 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from GEORGE JOSEPH & LOYIA ELIZABETH TOLY, 4355 Elkstone
Avenue, Anaheim, California 92807, owners of certain real property situated in
the City of Anaheim, County of Oranqe, State of California described as:
LOT 39 OF TRACT 6375~ AS PER MAP RECORDED IN BOOK 233, PAGES
31 AND 32 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORAN~E COUNTY~ CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public heacing at
the Civic Center in the City of Anaheim on June 27, 1983, 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 pcoposes waiver of the following to
construct a room addition:
SECTION 18.26.062.020 - Maximum lot coveraae.
(408 permitted; 498 proposed)
2. That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hazdshfg exzsts dae to the 3ucation of
the structure relative to the property line; and that strict application of
the Zaning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or
cor.ditions appl:cable to the property involved or to the intended use of the
property that do not apply generally tu the property oz class of use in the
same 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 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 propercy is located.
6. That no one iadicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
~0685I PC83-117
.--.
~~~.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or his
authorized representative has determined th.3t the propose~3 project falls
within the definition of C3tegorical Exemptions, Class 5, as defined :n the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
NOW, TEEREF~;~?E, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant sub~ect Petition for Variance, upon the followinq
conditi~ns which are hereby fo nd to be a necessary prerequisite to the
proposed use of the subject propecty in order to preserve the safety and
general welfare of the Cit.izens of the City of Anaheim:
1. That a toll-up garage door shall be installed to replace the existing
overhead garage door, as recommended by the City Traffic Engineer.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 L•hrough 3.
3. That prior to final building and zoning inspections, Condition Nos. 1
and 2, above-mentioned, shall be complied with.
BE 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 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 27th day
o£ June, 1983.
-~-52~~' ~~--< ~---- ~
BFIP,NlP.N, ATIAHEIM C YLAN232[1G COFIMZSSIGN
ATTEST:
~~ .~°- ~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
CGUNTY OF ORANGE ) ss.
CITY OF ANHHEIM )
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 June 27,
1983, by the following vote of the members chere of:
AYES; COMMISSIONBRS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT; COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of
.7une, 1983, ~ L~ `
/., '
LG(ilil.LS,.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-Z' PC83-117