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PC 83-201RESOLUTION NU. PC83-201 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIpN THAT PETITION FOR VARIANCE N0. 3355 BE GYtANTED WEiEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from NZKIFOROS VAI.ASKANTJIS AND GEORGIA VALASKANTJIS, 6931 E. Avenida De Santiago, Anaheim, California 92807, owner of certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOT 18~ OF TRACT N0. 7587~ AS SHOWN ON A MAP RECORDEll IN BOOK 378~ PAGES 21 TO 25~ INCLU~IVE OF MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY~ CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 17, 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 detecmine the following facts: 1. That the petitioner proposes waivecs of the following to retain a cabana: SECTION 18.23.QG3.Q20 - biinimum sidevard setback (10 feet required; 0 feet existing) ~. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardship exists in that there are special circumstances applicable to the property 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 propecty of privile9es enjoyed by other properties in identical zoning classification in the vicinity. 3. That there are except?onal 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 matecially detrimentai to the public welfar~ or injurious to the property or improvements in such vicinity and 2one in which the property is located. #0072r PC83-201 ~ « , /"'». , , 4 1 'r,j : ~~~.', ~r:.' ;.a., '+'~ 6 opposition; . That no one indicated their and that no presence at said public hearing in ;;;' ~. ; . petition. correspondence was received in o Ppositiun to subject , ENVIRONMENTAL 2MPACi FINDING; authorized representative h The Planning Director or his within the as determined that the proposed project falls definition of Categorical Exemptions C l ~ State EIR Guidelines and is, there£ore , . ass 5, as defined in the t ;'~ requirement , to prepare an EIR. ca egorically exempt fcom the NOW, THEREFQRE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the follow.ing conditions which are hereby found to be a necessary prerequisite to the proposed use of• the suhject property in order to preserve the safety and general welfare of the Citizen~ of the City of Anaheim: 1• That within a period of ninety (90) days Erom the date of this resulution, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Unitorm Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. Z• That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 3• That prior to final building and zoning inspections, Condition No. 2, above-mentioned, shall be complied with. BE IT FURTHER RES~LVED that the Anaheim City Pla~,ning Commission does hereby find and determine L•hat adoption of this Resolution is expressly predicated upon applicant's compliat~ce with ea~h and all of the conditions heceinabove set forth. Should any such condit:.on, 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 17'•h day of October, 1983. /j~ :- ?'..~ ~'~~~~ .,/~ ~~~.. CHAIRWOMAN~, NAHEIM CITY PLANNING COMMISSION ATTEST: ~ _ ' ~~ ~ ~Q~7~'Ct~ SECRETARY~ ANAHEZM CITY PLANNING COMMISSION -2- PG;;3-201 ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHFIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commissi~n, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 17, 1983, by the following vote of the members thereof: AYES: COr1MISSIONERS: BOUAS~ FRY~ HERI3ST~ KING~ LA CLAIRE~ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE~ MC BURNEY TN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 1983. ~~a.~/~ ,~ ~.-~. ~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION '3' PC83-201