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PC 83-168~ ,ew RESOLUTION NO. PC83-168 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR V)1RIANCE NO. 3349 BE GRANTGD WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from DAVID G. AND MARCIA R. FRANZEN, 4805 Garland Street, Anaheim, California 92&07, owners of certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOT 2 OE TRACT N0. 6561, AS SHOWN ON A MAP RECORDED IN BOOK 246, PAGES 43 AND 44 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public heari~g at the Civic Center in the City of Anaheim on September 19, 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 [~funicipal Code, Chapter 18.03, to hear and consider evidence for and against said pr~posed variance and to investigate an6 make findings and recommendations in connection therewith; and ~i7HEREAS, said Commission, after due inspectlon, 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 proooses a waiver of the following to construct a room addition: SECTION 18.27.062.020 - Maximum lot coveraae (358 maximum permitted; 44$ proposed) 2. That the above-mentioned waiver is hereby granted on the basis that the petitionez demonstrated l-hat a hzrdship exists in that there are special circumstances applicable to the propPrty such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning 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 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 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 w~lfare or injurious to the property or improvements in such vicinity and zone in which the property is located. #0043r PC83-16~ 1;;.:,., r.. ~.,,~ 6. That no one indicated the:r presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the prcposed project falls within the definition of Categor.ical Exemptions, Class 5, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREEORE, BE IT RESOLVED 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 oi 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 an~ 2. 2. That prior to final building and zoning inspections, Condition No. 1, above-mentioned, shall be complied with. BE IT FURTBER 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 hereirt contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 19th day of September, 1983. ' U~,~ ,,~~ ~~~ CHAIRMAN~ A EIM CITY PLANNING COMMISSION ATTEST: `~.:~. .~ ~~~- SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -2- PC83-168 _ .: .,,„y_~ r ~.. STATE OF CA',IFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAfiEIM ) I, Edith L. Harris, Secretar,y 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 19, 1982, by the following vote of the members thereof: AYES: COMMISSIONERS: AOUAS~ BUSHORE~ FRY~ HERBST~ KING~ LA CLAIRE~ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 1983. `~C~.~-~. .s° ~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC83-168